277055 WHITE - CITY CLERK �•s,��
PINK - FINANCE COUflC1I `� f �r
CANARY - DEPARTMENT 7 �� +� ��-���
BLUE - MAYOR GITY OF SAINT � AUL File NO.
City Attny/PBB CO • •
�1 es luti
Presented By
Referred To Committee: Date
Out of Committee By Date
BE IT RESOLVED, by the Council of the City of Saint Paul,
that the City Clerk is directed to accept and keep on file that
certain Pedestrian Concourse Agreement, dated January 8, 1980,
between the Housing and Redevelopment Authority of the City of
Saint Paul, Minnesota; the City of Saint Paul; the Saint Paul
Athletic Club; and Minnesota Mutual Life Insurance Company,
attached hereto, which Agreement contains covenants and
obligations touching and concerning the following described
property in the City of Saint Paul:
Lots 4, 5, 6, 7, 8 and 9, Block 19, City of
Saint Paul (St. Paul Proper) ;
and
BE IT FURTHER RE50LVED, that the City Clerk is authorized
and directed to file a certified copy of this Resolution (with
attachments) in the Office of the County Recorder, Ramsey County.
COUNCILMEN Requestgd by Department of:
Yeas Nays
Hunt
Levine [n Favor
Maddox
McMahon
snowaiter - � _ Against BY —
�.daaoa
Wilson
JUN 2 5 1961 Form Ap roved by City ttorney
Adopted by Council: Date —
Certified ; •ed by Coun � Sec tar BY ` ��o p�
By _
Appro e ;Vlavor: Date �� App by Mayor for Sub to Council
�
BY - " — BY
Pt�eL�St�En J U L 31981 i
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- . ��77�55 ar:d tte atta�t�nx. Thfa resfl'lu�ion �as ad�ted by tfi� St. . -
; Paul City Co�uil. on :June:25. 1981. . ' , � -
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A G R E E M E N T - • �
�'��',�!�
� � THIS AGREEMENT made and entered into this 8th day of
January , 198p , by and between the HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, a Minnesota public
body corporate and politic, hereinafter referred to as the "HRA",
CITY OF SAINT PAUL, a municipal corporation, hereinafter referred
to as the "City", SAINT PAUL ATHLETIC CLUB, a Minnesota non-profit
corporation, hereinafter referred to as the "Athletic Club" and
MINNESOTA MUTUAL LIFE INSURANCE COMPANY, a Minnesota insurance
company, hereinafter referred to as "MML".
WITNESSETH: •
WHEREAS, the City and the HRA, through the Downtown Urban Renewal
Project, Minn. R-20, undertook to develop a pedestrian skyway and
concourse system within the Downtown Central Business District,
�.;.
, hereinafter "the System"; and
WHEREAS, the City, pursuant to Chapter 764, Laws of Minnesota
1973, is authorized to operate the System; and
WHEREAS, an extension of the System by bridging over Cedar
Street between Fourth and Fifth Streets, from the Athletic Club to
MML,has been approved as part of the Community Development Revenue
Sharing Year III Block Grant Program; and
� WHEREAS, because of the extension of the System by brid��-ng ov.er
Cedar Street and the incorporation of the said skyway bridge into the
operating System built as part of the Downtown Urban Renewal Project,
it is necessary for pedestrian traffic to trav�rse through certain
portions of the Athletic Club and the MML Building; and
� WHEREAS, all parties hereto are desirous of the construction of
the said skyway bridge over Cedar Street; and
x +
2•
� WHEREAS, substantial public monies will be expended for the
design and construction of said skyway bridge over Cedar Street; and
WHEREAS, a benefit will inure to the respective building owners
by virtue of being linked to the System; and
WHEREAS, the City, by Ordinance No. 16362, Council File No.
269927, granted the HRA permission to construct and operate a
skyway bridge across Cedar Street between Fourth and Fifth Streets,
which Ordinance is attached hereto as Exhibit A and incorporated
herein by reference.
NOW THEREFORE, BE IT RESOLVED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS:
BRIDGE CONSTRUCTION
1. That this Agreement is subject to all the terms 'and conditions
1 of the aforesaid Ordinance, adopted November 3, 1977, by the Council
of the City of Saint Paul, the terms of which are hereby incorporated
herein by reference. All parties hereto other than the City and
HRA are considered to be permittee' s successors under the terms of
said Ordinance.
2. The HRA agrees to design, construct and pay for a skyway
bridge connecting the Athletic Club and MML in accordance with
HRA and City approved plans and specifications for the skyway bridge
and pedestrian concourse herein prepared for HRA by Hammel, Green
and Abrahamson dated November 9, 1979, also known as Bid No. A8422-S,
and reviewed by the Athletic Club and MML. Said skyway bridge shall
include support structure at the MML end and related mechanical/
�
electrical facilities located on the skyway bridge for heating,
� ventilating; air conditioning, lighting and roof drainage to be
tied into the respective systems within the Athletic Club, and glass
, , � � � ���
3.
� and aluminum doors at each end of the skyway bridge, finishing
at skyway bridge ends, and insulated glass to the extent glass
is used to enclose said skyway bridge. The Athletic Club
expansion will provide structural support for the skyway bridge
at its end. HRA will accomplish and pay for any mechanical
system and electrical system installations and connections which
are shown in the approved plans and specifications to be part of
the HRA construction contract.
CONCOURSE CONSTRUCTION AND COST RESPONSIBILITIES.
3. As to Athletic Club, HRA shall pay a proportion of
costs and expenses incurred in connection with the construction
of the pedestrian concqurse in accordance with the Pedestrian
� Concourse Agreement dated August 30, 1979 by and between Athletic
Club and HRA, the terms of which are hereby incorporated herein
by reference. The Athletic Club agrees that in the construction,
maintenance and operation of the pedestrian concourse, it shall
be bound by all codes and ordinances governing buildings and
operations of improvements relating to public thoroughfares and
the skyway system insofar as applicable.
4. Rights and responsibilities respecting a connecting
concourse through the MML property shall be in accordance with
the Skyway and Concourse Agreement for the skyway bridge over
Fourth Street between Cedar and Wabasha Streets by and among
City, HRA, MML and Degree of Honor Protective Association.
5. The HRA will include a provision in its contract for
� construction of skyway bridge whereby the contractor consents
. to the assignment of warranties to the owners of the buildings
4 .
abutting the bridges, and HRA shall assign such warranties to them
. upon final completion, without relinquishing its own rights under
� such warranties, and, if necessary, HRA will cooperate and assist
in any prosecution of lawful and proper claims such owners may
later assert against the contractor(s) and/or architects or others
arising from faulty design or construction of the skyway bridge.
EASEMENTS
6. Upon completion of construction and furnishing to the
building owners an architect' s certificate certifying completion
according to the approved plans and specifications, Athletic Club
shall grant to the City without further consideration a permanent
public easement for the System and its pedestrian concourse
through its building in accordance with the aforesaid plans and the
t
attached Exhibit B. A more detailed description of such public
� easement shall be determined by a registered land surveyor after
construction. Said public easement shall be granted in precisely
the form attached hereto as Exhibit C, and shall grant to the
public use of said System for purposes of ingress, egress and
pedestrian transit, except for such reaso�able police measures
regarding open hours and closinq any part of the concourse within
the building as the City may, by ordinance, from time to tirne
determine, or regarding such public conduct in the skyway system
as may be prohibited by skyway ordinance, as amended. The pedestrian
concourse herein concerned shall be open from at least 7: 00 a.m. to
1: 30 a.m. , Monday througi� Saturday, including until 1:30 a.m. Sunday
mornings, and at the option of St. Paul Joint Venture (as owner of
the Radisson St. Paul Hotel) , for designated hours between the hours
�
4a.
~ of 7: 00 a.m. , Sundays to 1: 30 a.m. , Mondays on two weeks prior
written notice by St. Paul Joint Venture to City, Athletic Club
and MML. However, Athletic Club may close street
ingress only (not egress) at 10: 00 p.m. at the street level door
�
, �
� � _
�
5.
� north of and adjacent to the Athletic Club. Athletic Club is
obligated only to keep the easement area itself accessible to
the public during such hours.
7. That said easement shall conform to that shown in
Exhibit B and shall traverse from the Midwest Federal/Athletic
Club property line to the west property line of Athletic Club as
it connects to the skyway bridge over Cedar Street and shall
also traverse down stairs to Cedar Street and the public sidewalk;
said easement shall be 12 feet in width except at enlarged areas
for nodes or where the structural design of the building is such
that a width of 12 feet is impossible, �1 �n, o�ormity with the said
Peciestrian Cono�urse Agreernazt by and between Athletic Club and HIiA dated August 30,
1979, previousl inw �
� y rporat.ed herein by referenoe. It is understood that the eas�nent
areas on E�ibit B shall, upon oo�npletion, extend frcan exi.sting floor to existing ceilinc
8. All parties agree that the skyway bridge and pedestrian
concourse and adjacent access easements shall be designated as
public easements and all ordinances and Codes of the City applic-
able to the System shall govern. HRA warrants that the design and
construction of the skyway bridge and pedest�ian concourse shall
be in accordance with all. applicable ordinances and state and
local codes, and/or shall be approved as constructed according to
such ordinances and codes.
9. The grant of easement herein shall be subject to the
right of the grantor to change the location of the easement areas,
conditioned upon the grant of a new easement which shall permit
� the continuity of the System, and, on the further condition that
• • 6.
the new easement area(s) shall be constructed and completed at the
� sole cost and expense of the grantor, and, on the further condition
that no change in the easement location shall be made without the
prior approval of the HRA and City, and on the further condition that
said new easement area(s) shall be surveyed and described by a
registered land surveyor, at grantor' s expense.
10. Notwithstanding anything to the contrary herein, the ease-
ment to be granted herein by Athletic Club shall be limited to the
life of the improvements constituting the System and shall terminate
upon the happening of either of the following events :
A. In the event the easement granted is vacated
abandoned or discontinued in the manner
required by law.
B. In the event the building(s) in, upon or over which
the easement area is located shall be substantially
destroye�l or demolished and such building(s) shall
not be repaired or reconstructed; provided, however,
� that in the event such building(s) be reconstructed
or replaced, grantor, its successors and assigns,
agree that, without further consideration, a substi-
tute easement of substantially equal convenience,
area and general configuration shall be given. In
the event the easement or any portion thereof is
relocated, vacated or terminated under the provisions
hereof, City shall furnish a release of such easement
or portion thereof, to grantor, its successors or
assigns.
11. The HRA and the City hereby waive any right they may have
to share in an award of damages in the event that a public body
acquires all or any part of the aforesaid buildings by condemnation
or under the threat of condemnation. Said waiver applies to the
�
� .
� easement on or through the respective buildings or properties,
but not to the skyway bridge itself except insofar as property
owners incur, as a result of condemnation, expense due to property
owners' demolition of said skyway bridge.
It is agreed by and between the parties hereto that the
skyway bridge shall at all times be owned by the City and/or
HRA, and said skyway bridges shall not constitute property
leased, loaned or otherwise made available to second parties,
or any one of them (within the meaning of Chapter 272. 01 (2) of
Minnesota Statutes) , it being understood that said bridge is
intended to benefit the public generally.
OPERATION AND MAINTENANCE
� 13. Athletic Club and MML, their respective successors in
interest, grantees and assigns, shall maintain and operate the
electrical and heating, ventilating, air conditioning and drainage
facilities in and serving the skyway bridge at their sole cost and
expense, and shall keep and maintain the skyway bridge in repair and
snall keep it reasonably clean and free of litter and debris.
Athletic Club and MML
further agree to provide the necessary repairs and maintenance
of the skyway bridge its related eguipment and its integral
parts;. at their sole expense without cost to the HRA or City.
Such maintenance shall include, but not be limited to, glass,
floor, hardware and metal trim cleaning, polishing, repair and
replacement, roof maintenance, repainting, light bulb replacement
� and light fixture cleaning. The HRA and City shall be furnished
with plans and specifications for all additions or alterations or for
8.
major repairs or replacements to the skyway bridge and pedestrian
� concourse, which plans and specifications shall be subject to their
reasonable and timely approval before commencement of the work
contemplated therein. Failure to approve or disapprove such plans
and specifications in whole or in part within 14 days of receipt of
same sizall be deemed approval thereof.
14. Athletic Club and MML shall enter into a separate written
agreement for sharing the maintenance, operatir.g and repair costs
for said skyway bridge, its integral parts and related equipment.
15. Athletic Club hereby .agrees to provide all repairs and
maintenance so as to maintain the pedestrian concourse and adjacent
access areas at a reasonable standard of safety and cleanliness, and
to provide all operating costs therefor.
�
16. If Athletic Club and/or MML fail to adequately maintain,
� repair and operate the skyway bridge, its integral parts and related
equipment to a reasonable standard of cleanliness and safety, or
if Athletic Club shall fail to undertake maintenance or repair
of the stated portions of the pedestrian concourse and adjacent
access areas, within 30 days after receipt of written demand
by the City, the City may undertake the necessary maintenance,
repair and operating tasks, and the costs for said maintenance,
repair and operation shall be assessed to and payble forthwith
by the defaulting property owners or their sureties and demand
therefor shall first be made in accordance with the maintenance
agreement executed by and between the parties, as amended
from time to time; provided, however, that the City retains
�
9.
� _, the right to assess such costs against the parties as a local
improvement in the manner provided by law.
SURETY BOVDS AND INSURANCE
17. The building owners
shall together furnish and maintain a
surety bond in the amount of $50,000. 00 for the skyway bridge, to
and in favor of the City of Saint Paul, as obligee, conditioned
that said building owners, their respective successors in interest
and assigns, shall comply with the terms and conditions of the
Ordinance and shall forever indemnify and hold harmless the City
in accordance with said Ordinance against any expenses and
liability on account o� all costs , claims, suits and judgments
�
arising out of or connected with the removal, maintenance, operation
� and/or repair of the skyway bridge, its integral parts and related
equipment and the adjacent access areas associated with each of
tize respective buildings, and, further �aalditioned upon the building
owners : complying
with all terms and conditions expressed and contained in this Agreement,
as to such removal, maintenance, operation and repair which surety
bond shall be in such form as shall be reasonably approved by the
Director of Finance and Management Services for the City. The HRA
shall also procure from the general contractor, documentation
evidencing that the general contractor is maintaining, throughout
the entire period of construction and erection of the skyway bridge,
�.
10.
such insurance as is set forth in the plans and specifications described
in paragraph 1. herein, naming the abutting property awners to the skyway bridge
{_ as acldi.tional insureds as r d said lans and
equire by p specifications, specifically
Section 4. of the General Conditions,and Section 6. of the Special Conditions thereof,
c�pies of whic�i are attached hereto as E�ibits C-1 and C-2, respectively.
18. Insurance required hereunder for casualty and liability shall be
a maintenance cost to be assumed by Athletic Club and MML for the
skyway bridge and shall be shared in accordance with the separate
agreement for the sharing of operating, maintenance and repair costs
that Athletic Club and MML shall enter into as herein provided.
19. Insurance required hereunder for casualty and liability
for tne areas designated as easements for the pedestrian concourse
herein shall be a maintenance cost to be assumed by Athletic Club.
F 20. Athletic Club and MML shall furnish and maintain public
�
liability and casualty insurance coverage for the skyway bridge, and
Athletic Club shall do so as to its pedestrian concourse with a duly
'licensed insurance company, wherein the City and HRA shall be designated
as additional insureds, said insurance shall be in conformity with the
requirements of paragraph f. of the Ordinance, containing the following
minimum coverages : for personal injuries , including death, $500,000. 00
for each occurrence; for property damage to the extent of $200,000. 00
in any single accident, which minimum amounts are subject to increase in :
increirents of up tA 50$ in any five year period'by official action of the
Council of the City of Saint Paul from time to time in the event statutory
mounicipal liability limits are alt,ered at any time after the date hereof. The
, casualty insur.ance shall have an all-risk or physical loss coverage
'�' in the amount of the full replacement cost of the skyway bridge.
i
, , installed in the concourse in the aforesaid buildings shall be
determined jointly by the HRA and the building owners. The initial
cost of purchase of these signs shall be borne by the HRA. The
cost of installation, operating, maintaining and repairing the
signs shall be borne individually by the party on whose property
the sign is located. If the location of the easement is changed,
the sign shall be moved accordingly; the cost of moving and re-
installing signs to a new easement area shall be borne by the
respectine groperty owners. If the sign moving requires a change
in the sign face, this shall be done at the property owner's t
expense and consistent with the graphic design system established
�
for skyway signs.
22. The skyway bridge and pedestrian concourse which are the
subject of this Agreement shall not be operated for the purpose of
advertising the name of any product or business, nor for any other
commercial purpose other than on store fronts, which store front
signs shall not project out from the wall surface; provided, however,
that nothing herein contained shall prevent the installation and
maintenance of the aforementioned directional sign (s) identifying -
the building names.
BINDING OBLIGATIONS
23. The respective rights and obligations of the parties
set forth in this Agreement shall be binding upon and inure to
� the benefit of the respective parties and their successors in
r
interest, grantees and assigns, �nd shall continue in force until
12.
� such time as the concourse system or that part referred to herein is
vacated, abandoned, or terminated in the manner permitted by law.
24. The property owners herein reserve unto themselves
the unconditional right and privilege of selling, conveying and ,
transferring their abutting and/or encumbered or involved
real estate herein and assigning and transferring this Agreement
to any other corporation, corporations, trust, trusts, individuals, �t
partnerships or other form of venture. In the event of transfer
t
of property owner' s interest in the property, the owner (seller)
may be freed and relieved, from and after the date of such trans- .
fer, of all liability as respects the performance of any covenants
or obligations on the part of owner (seller) contained in this
Agreement thereafter to be performed; provided that owner`s
� successor fully and without limitation assumes in writing all
duties, responsibilities and covenants of the owner (seller)
under this Agreement.
INTERPRETATION
25. In the event of any unresolvable, direct conflict
which may arise as between the terms of this Agreement and the
Ordinance, the Ordinance shall control, and as between this
Agreement and the form of Grant of Easement attached hereto as
Exhibit C, the form of Grant of Easement shall control. The
Agreement, however, may assign duties and responsibilities in
addition to those contained in the Ordinance as long as not in
mutually exclusive direct conflict with the terms of the Ordinance.
�
. . ?3 .
Iiv WITNESS WHEREOF, the parties hereto have set their hands
� as of the day and year first above written.
HOUSING AT1D REDEVELOPMENT AUTHORITY
OF THE CITY OF SAIDTT PAUL, MINi�TESOTA
By - �
I
By
- t �
APPROVED AS TO FORI�i CITY OF SAINT PAUL 1
. � �
By
Its M or
By -
Its Direc or, epartment o P anning
� � conomic Dev lopment
. �
BY :.� ? � �
�,y},� Its Dire tor.,� � partment o inance
a ana nt Services
D
Y
ts ity Clerk
�
14.
SAITdT PAUL ATHLETIC CLUB
� ` I
By ,,�_ �'
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By - -��-C •
MINNESOTA MUTUAL LIFE I1�ISURANCE COP4PA,.'�TY
$�7 l - � `
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� 7� R. 6;;:�t �� ;,�; t':.,� P'��;��;s�r
By
�Rnr ��r. ��.t�. r �e!. n �rt (. f�r'"'
�f��,r:�r� t'.,.-,,;;.�, f�w;;�I�THfuT aCC��Ci�i�i
STATE UF MIidIQ�SOTA ) - ---------------"—�
) SS.
COiTNTY OF RAMSEY )
On this ��� day of _ , �<� , 19 d O � before me � ,lyotary
Publi� w �thin " nd for sai �ounty, ppeared � �j��/s�c-
an d �' C��-�r- �,�y;� � V�, to me personally �no n, w o, ei � a—T�
r
by me duly sworn, did sa that_��t�hey are respectively the (-��-�t�y�,�,{—'
' and�2�=t'C?=� of SAIIIT PAUL ATHLETIC
� C UB, a Minnesota non-pro it corpo tion, t at said instr ent,. as
signed by authority its oard of Directors , and said f�?1C�
and , _� acknowledged at sai
instrument was tne free act an , ee o said corporation.
,,,� � ,,
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-___- �J:,; ��,, ��+,-.;�:.�.���:: :
r;et�ry Pu�lic, ,'�cr.�s�y�_:;n' ,
'?::r.n.
STATE OF MIiVNESOTA ) My Comrnis�icn rX;="���`'�• ���, i`ya�
) SS.
COUiVTY OF RAr1SEY )
On this ���' day of l�C.tu�, , 19 � , before e, a Notary
Publ ' c within anc�for said �unty, a" peared , �, ,�� �
and �`}'(,�, �,,/t�-� , to me personally own, w o, being eac
me du3y-swa n, �' _say t at they are respectively the,QU,juc`t ��G�� (Zf�,
and I � a, o ��Ni1ESOTA MUTU�I, LIFE INSURAi10E C��Y, a
Minnesota insura c Scom�any, ttzat said instrument was signed by authority
f its Boar of , and said ,� _ �;t,c�Q and
!�� � �/L ` acknowledge��aid instrumen was t e ree act
and dee of said company.
�
�!lAkiaAAAA1WAA�+IAr►AAAAAAAAAA�laM4A4A
' SUZANNE 0.HUSTINGS �'Z`''�'�-� �" �{Ld' `� �
s' ��`�` NO?���M�1A
; `�►.�bty Con�a�lo�ExP�M�17.18&�i
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15.
STATE OF MII�TNESOTA )
� ) SS.
COUiVTY OF 12AMSEY )
• On this ��� day of , 19�, before me, a Notary
Public within and for sa Count , appeared
and � , to me personall known, who, being each by
me duly sworn, did say that they are respectively the �_
and of the HOUSING AND REDEVELOPMENT AUTHORITY OF �
THr� CITY OF SA NT PAUL, MINNESOTA, a Minnesota public body corporate
and politic, that said instrument was signed by authority of its Board
of Commissi�ners, and said �and
�� �✓ nowledged that said instrument was the
free act and deed of said corpor.ation.
�1cM MMN R .�-._
��� �.. KfNNETH R. GAUTHIER
� . ��..�i�p+ NOTARY PU9LiC-iilA'AESOTA
� `��` t�'�s:�rvcrav cauxrr
kl"���+-F�ires 7dar.31, 1985
�
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• �
16.
STATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY )
� The foregoing instrument was acknowledged before me this �
day of � , 19� by GEORGE LATIMER, Mayor of the Ci- �ty of
5aint Pa , a m icipal corporation of the State of Minnesota, on
behalf said ity of Saint Paul. �
, , /
� -+`�':g KEfdNETH R.GAUTHIER
�'`?�°��� FlOTARY At1BUC-MINNESOTA
�i 4� (`� � �
�'�''��t
< LYASHIAtGTON COUNTY
� idY Comm.ExPlrea Mer.31. 1985
* wvwvvww r �
STATE OF MINNESOTA )
) SS.
COUi�ITY OF RAM.SEY )
The foregoing instrument was acknowledged before me this c��
day of , 19 �C1 by GARY E. STOUT, Director of the`-
Departme of P ning and Economic Development for the City of Saint
Paul, a munzcipal corporation of the State of Minnesota, on behalf of
said City of Saint Paul.
� �nnnnMMnl�nMnh/�nnnnnnnt.'✓V`M^^M/1•
� � ' KENNETH R. ^
<;�=,�. GAUTHIER '
<;,��-
� N07ARY PUBUC-A;I�JNESOTA % - --``•
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"'��� WASHINC,70N COUNTY �
My Comm,Expires Mar,31, 1988
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• R
STATE OF MINNESOTA ) �
� ) SS.
�OUNTY OF RAMSEY )
The fo egoing instrument was acknowledged before me this 9
day of , 19�`D, by BERIIARD J. CARLSON, Director of e
Departm o Fin e and Economic Development for the City of Saint
Paul, a municipal corporation of the State of Minnesota, on behalf of
said City of Saint Paul.
`�`�B_ / �r _��^
�,
•
1 �
Y14LET E.I�NT
STt�iTE OF MIIINESOTA ) �'�`' NQTARV PU9LtC—��NhESOTA
� SS. (2AMSEY CQUN7Y
COUiJTY OF RAMSEY ) ����`�t�•
Th oregoing instrument was acknowledged before me this '
day of .-,M. _ , 19,�, by ROSE MIX, City Clerk for the City
of Sa' Paul, munzcipal corporation of the State of Minnesota, on
beha of said - ity of Saint Paul.
ll.�� _ �
1,��
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ALBERT g,OLSON
� Notary Pubftc, Ra
�,��, �,. ' MY Cp�MISS! �Y Co. Mn
'�,�+No._y`ber�g, 19gpES
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550 PROCEEDINGS OF THE COUNCIL
� under2�6
-�. �,�,� after its passage,approval and publica-I The Council of the City of Saint Paul to be z
��.•. tion. Does Ordain: �����..'
'�'"�m•' Adopted by the Council November 3, passagr.
SECTION 1 accour.r�
vs .�r;� 1977. That permission and autharity here- berst �
�.� Yeas — Councilmen Butier, Hozza,
�.� by are granted to the Housing and
,�����•,:,,- Hunt, Levine, Roedler, Sylvester, Redevelopment Authority of the City d. Tc:,
, Tedesco-7. of Saint Paul, Minnesota, a Minnesota the D< '
-a � Nays--0. cor oration and/or its successors in
�.''�' - Approved November 4, 1977. interest to construct, maintain and op- head p•:
erate the following overhead pedestrian a gart a
« GEORGE LATIMER passageways over the public streets to its
� Mayor within the corporate limits of the City limitec
" (November 12, 1977) of Saint Paul; and tracts,
?,+ "' 1) across East Seventh Place beriveen Dlar�. :
the intersection therewith of Min- plans; .
Council File No. 26992i—Ordinance No. nesota Street and Robert Street. e.Tna
'+ said ocerhead pedestrian passage- each o�--
16362—By Ruby Hunt— way to be extended from the to the ?
'�� existing Bremer Building on the Pubtic :`.
AN ORDINANCE MAHING PROVI- south side of East Seventh Place approre-;
SION THEREFOR AND GRANTING to Donaldson's on the north side the H�:.
UNTO THE HOUSING AND REDE- of East Seventh Place. thori,�
VELOPMENT ALTTHORITY OF TFIE 2) across Robert Street between the Minnesc
CITY OF SAINT PAUL, MINNESOTA, intersection therewith of Esst specific�:
A MINNESOTA CORPORATION, AND Seventh Place and Eighth Street, trian g�
- ITS SUCCESSORS OR ASSIGNS, PER- safd overhead pedestrian passage- filed r,zt _
MISSION TO CONSTRUCT. MAIN- way to be extended irom existing Works i
TAIN A�TD OPERATE THE FOLLO�Y- Donaldson's on the west side of structior_
ING OVERHEAD PEDESTRIAN PAS- Robert Street to the Metro Square pliance :
SAGEWAYS OVER PUBLIC STREETS Building on the east side uf Rob- of State
WITHIN THE CORPORATE L7MITS ert Street. Officia:=
OF TFiE CITY OF SAINT PAUL; AND 3) across Cedar Street between the amendezi
1) ACROSS EAST SEVENTH PLACE intersection therewith of East Code ar.c _
BETWEEN THE INTERSECTION Fourth Street and East Fifth ing perr_
THEREWITH OF MINNESOTA Street, said overhead pedestrian of Cor..: :
STREET A.7D ROBERT STREET, passageway to be extended from Housin�
SAID OVEREiEAD PEDESTRIAN the existing Atnletic Club Build- ment;
PASSAGEWAY TO BE EXTEND- irig on the east side of Cedar f_��t -_
ED FROM THE EXISING BRENI- Street to the Minnesota Mutual cessors i-
ER BUTLDING ON THE SOUTH Life Buiiding on the west side of fy hoSn :
SIDE OF EAST SEVENTFi Cedar Street, of�Sain: -
PLACE TO DONALDSON'S ON 9) across East Fourth Street between employee �=
THE NORTFI SIDE OF EAST the intersection therewith of Cedar claims, i.
SEVENTH PLACE. Street and Wabasha Street, said penses ca
2) ACROSS ROBERT STREET BE- overhead pedestrian passageway o£ whai� :_
• TWEEN THE INTERSECTION to be extended frorn the existing son(s) ar X
THEREWITH OF EAST SEVENTIi Minnesota b4utual Life Buiiding or cor.::� .
PLACE AND EIGHTH STREET, on the north side of East Fourth erecfior_. _
SAID OVERHEAD PEDESTRIAN Street to the Degree of Honor or remor
+r PASSAGEWAY TO BE EXTEND- Building on the south s9de of East passager: t
ED FFtOM EXISTING DONALD- Fourth Street. plemenL:
SON'S ON THE WEST SIDE OF their pa _
ROBERT STREET TO TFIE SECTION 2 hereunEe €
METRO SQUARE BUILDING ON That the Director of Public Works successo: „
TFIE EAST SIDE OF ROBERT is hereby authorized to issue necessary mainYair. .
STREET. ermits to said ermittee, the Housing other ez•
p p surance (`
3) ACROSS CEDAR STREET BE- and Redevelopment Authority of the Casualt�-
TWEEN THE INTERSECTION City of Saint Paul, Minnesota, for the extent o� :
THEREWITH OF EAST FOURTH construction, maintenance, and opera- person ::
STREET AND EAST FIFTH tion of said overhead pedestrian pas- incident. ;
STREET, SAID OVERAEAD sageways according to the plans and for dam..
PEDESTRIAN PASSAGEWAY TO specificatfons approved by the Depart- accident. �:
�` BE EXTENDED FROM THE EX- ment of Public Works and at the sep- Saint Pa:.
ISTING ATHLETIC CLUB BUILD- arate cost and expense of said permit- of all c:. �
;ai'' IN(3 ON THE EAST SIDE OF tee, upon said permittee's compliance jury tQ '
CEDAR STREET TO THE MIN- with the following conditions. ar;sing ;
NESOTA MUTUAL LIFE BiJILD- a. The said permittee and/or its suc- construcT:-'
ING ON THE WEST SIDE OF cessors in interest shall, at its owm cost operaYio:: =
' CEDAR STREET. and expense and in accordance with tures her _
4) ACROSS EAST FOURTH STREET ali applicable ordinances of the City of furni;h
- BETV6'EEN THE INTERSECTION Saint Paul, statutes of the State of coveragc. �.
THERE��ITA OF CEDAR STREET Minnesota and regulations of public Director
AND WABASAA STREET, SATD authority having cognizance, construct. Service� .'
OVERHEAD PEDESTRIAN PAS- maintain, and operate sa�d overhead g. That -
SAGEWAY TO BE EXTENDED pedestrian passageway hereunder; ceed ��•ic:
FROM THE EXISITING MINNE- b. That said permittee shall pay the unIess ae
SOTA MUTUAL LIFE BUILDING costs for the publication of this ordi- hac•e fui �
ON THE NORTH SIDE OF EAST nance; sions re
r. FOURTEi STREET TO THE DE-� a That said permittee shali pay the demnific. :
;�' GREE OF FiONOR BUILDING ON I costs of administration, engineering. ment of
THE SOUTH SIDE OF EAST,and inspection incurred by the Depaz't- Paul "St: .
FOURTH STREET. ment of Pubhc Works due to this cations
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"3 '� >Yk acaq t +t ?±,�� e� .a;ygq o ' bh,Y ,,�, :a.y .r y,�k� v ye';y�{ s�.t'°�..�:cr� ns.: } �.aik-' a vL° }"��+'-�x�;�
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1�' 552 PROCEEDINGS OF THE COUNCIL
��. adopted Aesotu:`
tom of said structures and the surface of the City of Saint Paul as obligee, prelinunarY dp'-?'
of said sections of public streets� ex-�conditioned upon the permittee's suc- of revenue bor.c--
cept as may be altered by the City's I cessors in interest complying with the pal amount of :
future street work• terms and conditions of this Ordinance to�ance the ce°'
m. That said permittee expressly and also conditioned that. in the event mixin� and Pe�i��. .
agrees to comply with Chapter 216 of the permittee's successors in interest at theu' o�p 1` .
� the Saint Paul Legislative Code, as fail to maintain or repair said over- �prage le:�
, �,y. amended, pertaining to street obstruc- head pedestrian passage�vay to a rea- � ged Rock Ir' �'
tions: sonable standard of safety, or fazl to Z, La�vs of "• =
�x : n. That said permittee and/or its remove said overhead pedestr�an pas- 234 Pro��3des tY, '` }
successors in interest shall complete sageway upon order by the Council, bonds authori�� '
the construction and erection of each the City of Saint Paul may undertake ty of the Crt}• :'
issued only «''
overhead pedestrian passageway by the maintenance, repair, or removal Cl� Council oi '
not later than one (1) yeaz after com- thereof and may recover its reason- by resolution . .�
mencement of construction. Said com- able cos vhich r9uretye Bond f sha11 srea with la�+•;
mencement shall be evidenced by surety, g, The Port A
Public Works' receipt of a wi'itten main in full force and effect as long gaint Paul, h2s: 5
notification thereof, and shall be dated as said overhead pedestrian passage- Council gi�e ��` �
therein, as further provided for un- cvay or any pai't thereof remains �n Suant to said 1:
der Pazagraph (o) below; that portion i f public riKi a���3'th� ance of said �
o. That said permittee shaii notify shown on p ans to be fi port Authori:�
mentBrofg P blien Works tbefor�ePa�nd Surety Bond shallPbelin form as shali paul, subject t�
when construction has been completed be approved by the City Attorney, anA details of sax: .
to allow for a flnal inspection of each shall have such surety as shall be thority of the,�-
overhead pedestrian passageway here- approved by the Director of Finaiue q. It is est:..
under: and Management Services; p�ncipal a^i�`•
T?�at each overhead pedestrian t. That said permittee and/ar i���' gppTOximatelc,:
passagewaY hereunder shall be re- cessors in interest shall submit pro- �terest c0.� �
moved by and at the sole cost and ex- posed plans and specifications to t1►e �,yll not exce•.
pense of said permittee and/or its Depaztment of Public Works fur re- pe it B_.
successors in interest whenever the view and approval of any intended Resolved: _
Council of the City of Saint Paul shall structural repairs or ma7or ���- �,yty of Sain: '
by Resolution determine such removal nance work on each bridge before arith Laties, or .
necessary ia the Public interest and any such work is carried out. Upon �g, the C�t�' �
accordingly order the removal of said completion of such structural repau's to the issuanc:
structure from said location: approved by the Department of Public nue bonds for
q. That said permittee shall, within Wor1:s, permanent reproduc9ble trao- in the afore=_"
the period of 10 days after the publi- ings shall be furnished the Department lution No. 12=-
cation of this Ordinance, file with the showing the work done and mau'ked amount of ap::-
City Clerk its written acceptance of with any 'as built° changes, as well a net intere_.
this Ordinance and agreement to be as reproducible shop drawing tracings gao, the eaac:_
' bound by all the provisions, terms and of the same; ing, but no' �
conditions thereof without limitatian u. That said permittee shall submit lating to mu?�
count, reder.-�:
ancehand 3agreement shail be ain the the Office �ngineer of the Department �Ce af adc';
form approved by the City Attorney: of Public Works for each overhead aetermined '
r. That upon the execution of an pedestxian passageway hereunder. The ursuant to ?
Agreement by and between the City Office Engineer in turn shall submit ppprt Authori.
hereby autho
developmentuAu hority�of the Cit Rof he C tY ofeSaint�Paul for retv eweand. additional U;
r riately filed bonds) b�" �
Saint Paul,Minnesota,and the applica- if said insurance is sufficient, said by the Port .
ble building/property owners respect- documents shall be app oP for carryin`;;.
1ng the aforesaid pedestrian passage- with the Director of Finance and Man- the afaTes�"`
, ways noted above, the permittee being agement Services of the City of Saint pdooYed r:�
J, the Fiousing and Redevelopment Au- Paul. SECTION 3 1977'
thority of the City of Saint Paul. ,e,pproved
Minnesota, shall be reheved of anY That this Ordinance shall take eHect �1�
further obligat:on under the terms of and be in force thirtY (3a� ioval�ar►d —
this Ordinance, and the successors in and after its passage, pP
- interest of the permittee, i.e. the aP- ublication. Councit Fiic
plicable building/property owners re- P
specting�he aforesaid overhead pedes- Adopted by the Council November 3, WrieTeas..'�
' uiyn passageways as noted above shall lg� City of 5 :�-
be responsible for paying the insur- Council th�!
ance premiums for the overhead Yeas LevinenciRoedleutleSy�H��� i� budget `
� pedestrian passageway(s) connecting Hunt, operations ;'
their buildings and also for providing Tedesco-7. ta the Pr��'
the maintenance and operation same; Nays-0. Minnesota �
s. That upon the Housing and Re- ppproved November 4, 1977. et for in��i
development Authority's conveyance GEORGE LATI11�dER amount of
of its obhgations under the terms of
this Ordinance to the above successOrs Mayor VJhezeas.
in interest, said permittee's successors (November ]2. 1977) filed with '
in interest shall furnish and deliver of the res�
unto the City of Saint Paul a Surety Authorrt�
Bond in the amount of Fifty Thou- g,EgOLUTIONS law the C.�
sand Dollars ($50,000.00) for each com- the benr..
- pleted overhead pedestrian passage- • industnai
way (bridge) hereunder, made and Authorrt?'
executed by said permittee's successors Council File No. 270043—BY R�lie L. theTe be
in interest as Principal, and a Corpo- Butler— legall}' '
rate Surety Company.duly authorized Whereas, suff�cient
to transact business in the State of 1. On October 18, 1977, the Port Au- 12g,755; =
Minnesota as Surety, to and in favor thority of the City of Saint Paul �
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GRANT OF EASEMENT
� WHEREAS, SAINT PAUL ATHLETIC CLUB, a Minnesota non-profit
corporation, hereinafter called "Grantor" , is the owner in fee
of that certain land situated in the City of Saint Paul,
County of Ramsey, State of Minnesota, more particularly described
in Exhibit 1 attached hereto, hereinafter called Grantor's
"Property" ; and
WHEREAS, Grantor has agreed pursuant to that Agreement dated
by and among the Housing and Redevelopment
Authority of the City of Saint Paul, Minnesota, the City of Saint
Paul, the Grantvr herein, and Minnesota Mutual Life Insurance Company, to '
grant to the City of Saint Paul a public easement for a second
floor level pedestrian way, with vertical access and connecting
ground level easement, also described as the Skvway Bridge and
Pedestrian Concourse System, through Grantor' s _-
Property. •
NOW, THEREEORE, in pursuance of that Agreement, and in
consideration of the sum of ONE DOLLAR ($1.00) and other valuable
consideration, the receipt and sufficiency whereof is hereby
acknowledged, Grantor,for itself, its
successors and assigns , does hereby grant unto the
CITY OF SAINT PAUL, a Minnesota municipal corporation, an easement
for the Skyway Bridge and Pedestrian Concourse System for` the use
� and benefit of the public as a public way and for public ingress
and egress and for pedestrian transit in, through and over the
Property and the structures thereon, described as follows:
together with an easement for public ingress to, egress from and
transit to and from said System by way of vertical access from
Street to the pedestrian concourse, described as follows:
and also together with an easement for publiC access on the ground
floor level from the foot of the above described vertical access
facilities to public sidewalks, described as follows:
all of which above described areas shall be collectively referred
to as the "easement" .
�
�
E�HIBIT C
1 `I`7�`�r.
2.
<
The easement area is expressly herein made subject to such
reasonable police measures regarding opEn hours and closing any
part or all of the easement within, on or over Grantor's Property
during non-business hours and regarding public conduct within the
System, as the City of Saint Paul may, by ordinance, from time to
time determine.
The public' s right herein to ingress and egress and pedestrian
transit in and through the easement granted to the City herein
shall also be and hereby is made subject to such reasonable
measures regarding open hours and temporarily closing part(s) or
all of the easement areas within or on Grantor' s Property as the
City o� Saint Paul may, by agreement with Grantor or its successors
or assigns, from time to time, determine. This provision shall
not diminish the City' s right to, from time to time, exercise its
police powers unilaterally, by ordinance, concerning open hours
or temporarily closing part(s) or all of the easement, or
concerning public conduct within the System, nor shall such
agreed or legislated hours in any manner restrict City's easement
interest, but shall affect only the public's rights to ingress
and egress and pedestrian transit in the City' s easement.
The grant of easen�ent herein shall be subject to the right of
the Grantor to change the location of the easement conditioned
C upon the grant of a new easement which shall permit the continuity
of the System, and, on the further condition that the new easement
area shall be installed at the sole cost and expense of the Grantor,
and, on the further condition that no change in the easement location
shall be made without the approval of the Housing and Redevelopment
Authority of the City of Saint Paul, Minnesota and the City of
Saint Paul, such approval not be unreasonably withheld, and, on
the further condition that said new easement shall be surveyed
and described by a regi�tered land surveyor at the expense of the
Grantor.
Notwithstanding anything to the contrary herein, the easement
given shall be limited to the life of the improvements constituting
the System and shall terminate upon the happening of either of
the following events:
A. In the event the �asement granted herein is
vacated, abandoned or discontinued in the
manner required by law.
B. In the event the building(s) in, upon or over
which the easement is located shall be
substantially destroyed or demolished and
such building(s) shall not be repaired or
reconstructed; Provided, however, that in
the event such building(s) be reconstructed
� or replaced, Grantor, its successors and
assigns agree that, without further consider-
ation, a substitute easement of substantially
equal convenience, area and general config-
uration shall be given. In the event the
. . � 3. .� � ��.�'.
easement or any portion thereof is relocated,
vacated or terminated under the provisions
� hereof, City shall furnish a release of such
easement or portion thereof, to Grantor, its
successors or assigns.
Grantor, for itself, its successors and assigns , does hereby agree
tnat for and during the life of said easement, Grantor, or its designee
by separate agreement, shall be responsible for and/or provide for the
cost of all repairs, improverients and replacements of the public way or
Skyway Bridge and Pedestrian Concourse System as it passes through its
building or on or over its land as described herein, it being understood
that the aforesaid covenant snall run with the land.
Grantor reserves unto itself the unconditional right and privilage
of selling, conveying and transferring the Property described above to
any other corporation, corporations , trust, trusts, individual, partner-
ships, or other form of venture. In the event of transfer of property
owner's interest in the property, the Grantor (seller) may be freed and
relieved, fram and after the date of such transfer, of all liability as
respects the performance of any covenants or obligations on the part of
Grantor (seller) contained in the Agreement thereafter to be performed;
provided that Grantor' s successory fully and without limitation assumes
in writing all duties, responsibilities and covenants of the Grantor
hereunder.
TO HAVE AND TO HOLD said easement for a public way or Skyway Bridge
and Pedestrian Concour�e System, together with all rights of ingress
and egress appertaining thereto until the System is vacated or abandoned
� ; in the manner required by law, or terminated in accordance herewith.
IN WITNESS WHEREOF, Grantor has hereunto set its hand this
day of , 19 .
SAINT PAUL ATHLETIC CLUB
By
Its
By
I s
STATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY )
On this day of , 19 , before me, a Notary Public
within and for said County, appeared and
, to me personally known, w o, eing each by me
u y sworn, i say that they are respectively the
and of SAINT PAUL ATHLETIC CLUB, a innesota non-pro it
corporation, that said instrument was signed by authority of its Board
of Directors, and said and
� acknowledged said instrument was e ree act and ee o sai oorpora on.
ZFiIS INSIRL]MF'1QT WAS DRAFTED BY:
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MINNESOTA � � _ 4 � ° i
� � MUTUAL LIFE � ' � ��� -
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ST, PAUL ATHLETIC CLUB ;�
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� �"NIBIT ��8�� fit �
�` ° 1=ourth S�r���
; �reet Level �,; �
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; .,.,..:;easerrent � t -
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4. INSURANCE � .
The contractor shall furaish proof of insurance directly to the City Attcrney. . . `
prior to commenciag work. The contractor shall hold harmless and defend the
City, where applicable, against aay and all clajms for property damage and �'�
claims for injurp to or death of one, or more tbaa one, persoa, because of ` ' �
accidents which may occur or re�ult from operations under the contract. The �: "
. contractor shall pap any judgmeat against the City resulting from any such �
suit. The City shall have the right at its option to parr.icipate ia any su�h� �
litigat2on witliout relieviag the contractor of aaq af its obligations. The
contractor shall e�rry the following insuraace namiag the City as a co-iasured
._thereon: � . -.. . . . •
=-- � A. Contractor's Public Liability Insurance with limits of' $500,000/$500,000
-- namiag and protecting the contractor, a11 subcontractors, against claims
``�. - for injury to or death of one or more persoas as a result of accidents .
which may occur at the site from operatioa uader the coatract. � .
' B. Property Damage �Insurance with limits of $ISO,Q00/$304,OQ0.
. ..
C. Worlaaea's Compensation Insurance in.compliaace with the LaWS of the
. State of Minaesota. •
� j�. . . ., - � .
D. Automobile Insuraace, iacluding owned, hired and nonowned vehicle
" coverage limits of $I00,000/$300,000 bodily injury and $50,000 per
� _ • occurreace property damage.
. .
':�:�
EXHIBIT C-1
. - . i��i�� _.
` � 2r�'����
���� � � �
^ . . . . . _ .. . . _.
6 tNSURANCE . ' .
Nbdify Section •4 of the General Conditions, as fotlows: � � ' �
�a. Insert.the�fot.tow�cig after Clty:� . . . . . � . � . • . - . -
"and Hammel , Green and Abraham�on, I�c." � ' -. . � . ' =.. � � . -
b. Paragraph B; Property Damage lnsurance. Dalete thi�s portton of the ' � � � --�%���i�-
paragraph tn its entirety and insert the fo( lowing ln its placei , "Property -'""` =-
Oamage Insurance in the ,anount of not less than 5500;000 for at! damages to or � .r,�.:.����
dest�uction of property in any one acctdent, and subJect to ifiat iimit per . --
,. .accident; further sub�eet to a toi-aI of not tess than 51 ,000,000 for.al l ' � � �� '
,, damages to or destruction of property during the pol tcy perlod. . ; .. � �" _� �� ,:
':_� _ Paragraph C:, � . � . .. . - _.
c. . � � . � . � � � ' - . ,' --
- The Bu i I dert s Ri sk 1 nsurance sha i l be for the,benet 1 t. of the Contractor,':,;;:;:;;�:�__.;:�
the Ci-ty of St. Paul, the �A artd the abutting property owners as theIr interests'��:`�;`.
may appear Jn the valae of the cost of the work under this contract, and each shatt,��-
� be spectficatty named in the policy or poticfes as. an insursd; or at the Contractor1s �
optiort, a Blanket Owner�s Protective Policy covering a11 Owners (inctudlpg adJacent .
building owners) may be provtded in Iteu of the above 8uilder�s Risk lnsurance and the
C i#y of St. .Pau t Un I fonn Cert i f i cate o�E 1 nsu�-ance. .. � ' ' . . . � �"
. � , . ..
d. Add the foi (owing�after paragraph D: . � � � - .
. E. The Contractor shall also cause fio have executed the City of Saint Pau( � `
"U�iform Endorsemenfi" required by the Saint Pau! Legisiative Code, as amended.
' � Thls form can be obtained at the service desk on the 6fih Fioor of the Ctty Halt . � �
• ,Annex. • . . � �- --
- - ' � .
����.� � �
. � EXHIBIT C-2
�-� � : � � � � a '� � o ��
STATE OF •MI NN�SOTA ) . '
Coun.ty o� Rnma ey ) �a. .
p - CI TY OF SAI IJT PA[1L )
� •
� - • . - - Albert.B._ Olson. . . . . . . . . . . . . . . . . �f ��
� I, . . . . .. • • -
�
� o� #he Ci.t�y o� Sa.�r�t Pau.L, l�nne,bo�a, do he�eby ce��y �ha-t
� 277055
I h.ave compa�ied �he a�tncJied copy o� Counai.e ��i-ee. No. . . . . . . .
-- June 25. . �g81
aa adop�ed 6y #he;.Ci.ty Counc,i..[. .. . . ... .. .. . .. .. . . . . . . . .
June 29, , 1981
and appnoved 6y �he Ma,�on . . . . .. . . .. .. . . . . . . .. .. .. . . .. . ,
. wt,th �he oh,i.g.ina.0 �he�ceo� on_ �.i,ee ,i.n my o��-i.ce.
� . ' .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . ,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
__..
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. . . . • . •
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C'.3 '
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. . . . . . . . . . . . � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' ' ' . . . . . . . . . . . �
• . ' ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . . . • . . . . • . . . . . . ' ' ' ' ' '
• I �c�c�heh ce�c�.t�y #ha.t aa.i.d copy .ia a #�cue and co�.e.c,t co�
o� aa.i_d oh,ig.�,zn.e and #he who�e �#heheo�. .
- [t!I TNFSS m y han d an d �h e a ea-C o� �he Ci,t y o� Sa.i.n.t pau,L,
1�{.t..nn. #�u.s . 29th. . . . dtzy o� . . . June. - - - - - • - . . . . . .A.�. 1981 . _ .
. -
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. . . . . . . . . . - - • 'Ci.,t�" C.EcltFt. �n�� . . . . . . _ . .
( 1946 $ 00_00 -- A
PINN � F�NANCE•`•` ` � +� j A COUflC1I � � ��
CANARv DEVARTMENT � ) I •I, l• �� 1' ► 7� I �♦ T 1'L1 I� L File NO• � / '•
BLUE MAVOR
Cl��Pt�Ilj�'�1'BB . : � �O � •
. � � eslut� n
Pre sented B�•
Referred To Committee: Date �
Out of Committee By Date
�
c�
a
�T BE IT RESOLVED, by the Council of the City of Saint Paul,
'_ that the City Clerk is directed to accept and keep on file that
certain Pedestrian Concourse Agreement, dated January 8, 1980,
� between the Housing and Redevelopment Authority of the City of
Saint Paul, Minnesota; the City of Saint Paul; the Saint Paul
Athletic Club; and Minnesota Mutual Life Insurance Company,
attached hereto, which Agreement contains covenants and
obligations touching and concerning the following described
property in the City of Saint Paul:
Lots 4, 5, 6, 7, 8 and 9, Block 19, City of
Saint Paul (St. Paul Proper) ;
and
BE IT FURTHER RESOLVED, that the City Clerk is authorized
and directed to file a certified copy of this Resolution (with
attachments) in the Office of the County Recorder, Ramsey County.
COUNCILMEN Requestgd by Department of: C
Yeas Nays � `
Hunt j
Levine [n Favor
Maddox �
McMahon �
t
snowaite� __ Against BY
���
wi�so� �
JUN 2 5 1g61 Form Ap roved by City ttorney ;
Adopted bv Council: Date �
Certified u.-�ed b�� Coun Sec tar - By � ` '�0_a�
B� '�,�,� i —`(�
Appro e Ylavor: Date App by Mayor for Sub to Council
�
By By
d�
. . MML/Athletic Club
_ ' ' � �'���� ��
A G R E E M E N T �:'"'�l'�"�"
�j � THIS AGREEMENT made and entered into this 8th day of �
.t1
a January , 198p , by and between the HOUSING AND REDEVELOPMENT
�
� AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, a Minnesota public
�
body corporate and politic, hereinafter referred to as the "HRA" , �
CITY OF SAINT PAUL, a municipal corporation, hereinafter referred
to as the "City", SAINT PAUL ATHLETIC CLUB, a Minnesota non-profit
corporation, hereinafter referred to as the "Athletic Club" and
MINNESOTA MUTUAL LIFE INSURANCE COMPANY, a Minnesota insurance
company, hereinafter referred to as "MNa,".
WITNESSETH: •
WHEREAS, the City and the HRA, through the Downtown Urban Renewal
Project, Minn. R-20, undertook to develop a pedestrian skyway and
concourse system within the Downtown Central Business District,
� he reinafter "the System"; and
WHEREAS, the City, pursuant to Chapter 764, Laws of Minnesota
1973, is authorized to operate the System; and
WHEREAS, an extension of the System by bridging over Cedar
Street between Fourth and Fifth Streets, from the Athletic Club to
MML,has been approved as part of the Community Development Revenue
Sharing Year III Block Grant Program; and
WHEREAS, because of the extension of the System by brid��-ng ov.er
Cedar Street and the incorporation of the said skyway bridge into the
operating System built as part of the Downtown Urban Renewal Project,
it is necessary for pedestrian traffic to traverse through certain
portions of the Athletic Club and the MML Building; and
� WHEREAS, all parties hereto are desirous of the construction of
the said skyway bridge over Cedar Street; and
, 3
i
. .
a�17 �,r�
. � � .
� -
� a.
�
�� WHEREAS, substantial public monies will be expended for the
� design and construction of said skyway bridge over Cedar Street; and
WHEREAS, a benefit will inure to the respective building owners
by virtue of being linked to the System; and
WHEREAS, the City, by Ordinance No. 16362, Council File No.
269927, granted the HRA permission to construct and operate a
skyway bridge across Cedar Street between Fourth and Fifth Streets,
which Ordinance is attached hereto as Exhibit A and incorporated
herein by reference.
NOW THEREFORE, BE IT RESOLVED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS:
BRIDGE CONSTRUCTION
1. That this Agreement is subject to all the terms and conditions
1 of the aforesaid Ordinance, adopted November 3, 1977, by the Council
of the City of Saint Paul, the terms of which are hereby incorporated
herein by reference. All parties hereto other than the City and
HRA are considered to be permittee' s successors under the terms of
said Ordinance.
2. The HRA agrees to design, construct and pay for a skyway
bridge connecting the Athletic Club and MML in accordance with
HRA and City approved plans and specifications for the skyway bridge
and pedestrian concourse herein prepared for HRA by Hammel, Green
and Abrahamson dated November 9, 1979, also known as Bid No. A8422-S,
and reviewed by the Athletic Club and MML. Said skyway bridge shall
include support structure at the MML end and related mechanical%
f
electrical facilities located on the skyway bridge for heating,
� ventilating, air conditioning, liqhting and roof drainage to be
tied into the respective systems within the Athletic Club, and glass
vl
, .
• '�. .
� • .
� a
� 3.
�'� and aluminum doors at each end of the skyway bridge, finishing
at skyway bridge ends, and insulated glass to the extent glass
is used to enclose said skyway bridge. The Athletic Club
expansion will provide structural support for the skyway bridge
at its end. HRA will accomplish and pay for any mechanical
system and electrical system installations and connections which
are shown in the approved plans and specifications to be part of
the HRA construction contract.
CONCOURSE CONSTRUCTION AND COST RESPONSIBILITIES
3. As to Athletic Club, HRA shall pay a proportion of
costs and expenses incurred in connection with the construction
of the pedestrian concourse in accordance with the Pedestrian
� Concourse Agreement dated August 30, 1979 by and between Athletic
Club and HRA, the terms of which are hereby incorporated herein
by reference. The Athletic Club agrees that in the construction,
maintenance and operation of the pedestrian concourse, it shall
be bound by all codes and ordinances governing buildings and
operations of improvements relating to public thoroughfares and
the skyway system insofar as applicable.
4. Rights and responsibilities respecting a connecting
concourse through the MML property shall be in accordance with
the Skyway and Concourse Agreement for the skyway bridge over
Fourth Street between Cedar and Wabasha Streets by and among
City, HRA, MML and Degree of Honor Protective Association.
5. The HRA will include a provision in its contract for
� construction of skyway bridge whereby the contractor consents
to the assignment of warranties to the owners of the buildings
�
� ' '
a . . . 4 .
�
� abutting the bridges, and HRA shall assign such warranties to them
1
� . upon final completion, without relinquishing its own rights under
� such warranties, and, if necessary, HRA will cooperate and assist
in any prosecution of lawful and proper claims such owners may
later assert against the contractor(s) and/or architects or others
arising from faulty design or construction of the sky�aay bridge.
EASENIENTS .
6. Upon completion of construction and furnishing to the
building owners an architect' s certificate certifying completion
according to the approved plans and specifications, Athletic Club
shall grant to the City without further consideration a permanent
public easement for the System and its pedestrian concourse
through its building in accordance with the aforesaid plans and the �
;
� `
attached Exhibit B. A more detailed description of such public
� easement shall be determined by a registered land surveyor after
construction. Said public easement shall be granted in precisely
thz forrz attached hersto as Exhibit C, and shall grant to the
public use of said Systenl for purposes of ingress, egress and
pedestrian transit, except for such reasonable police r.leasures
regarding open hours and closing any part of the concourse within
the building as the City may, by ordinance, from time to time
determine, or reyarding such public conduct in the skyway syst�m
as may be prohibited by skyway ordinance, as amended. The pedestrian
concourse herein concerned shall be open from at least 7: 00 a.m. to
1: 30 a.m. , Monday througil Satur�ay, including until 1:30 a.m. Sunday
mornings, and at the option of St. Paul Joint Venture (as owner of
the Radisson St. Paul Hotel) , for designated hours between the hours
�
• �
0
�
,� 5.
� �� north of and adjacent to the Athletic Club. Athletic Club is
�
`� obligated only to keep the easement area itself accessible to
the public during such hours.
7. That said easement shall conform to that shown in
Exhibit B and shall traverse from the Midwest Federal/Athletic
Club property line to the west property line of Athletic Club as
it connects to the skyway bridge over Cedar Street and shall
also traverse down stairs to Cedar Street and the public sidewalk;
said easement shall be 12 feet in width except at enlarged areas
for nodes or where the structural design of the building is such
that a width of 12 feet is impossible, �.1 � �ornii.ty with the sai.d
Pec7�strian Cono�urse Agre�nent by and between Athletic Club and HI�A dated August 30,
1979, previously inwrporated herein by referenoe. It is unclerst�ood that the easament
'`` areas an E�ibit B shall, �on c�npletion, extend fran existing floor to existing ceiling
8. All parties agree that the skyway bridge and pedestrian
concourse and adjacent access easements shall be designated as
public easements and all ordinances and Codes of the City applic-
able to the System shall govern. HRA warrants that the design and
construction of the skyway bridge and pedest��an concourse shall
be in accordance with all. applicable ordinances and state and
local codes, and/or shall be approved as constructed according to
such ordinances and codes.
9. The grant of easement herein shall be subject to the
right of the grantor to change the location of the easement areas,
conditioned upon the grant of a new easement which shall permit
� the continuity of the System, and, on the further condition that
�
. ,Q , 6 .
� . �
�
� � the new easement area(s) shall be constructed and completed at the
�
�
�,� sole cost and expense of the grantor, and, on the further condition
that no change in the easement location shall be made without the
prior approval of the HRA and City, and on the further condition that
said new easement area(s) shall be surveyed and described by a
registered land surveyor, at grantvr's expense.
10. Notwithstanding anything to the contrary herein, the ease-
ment to be granted herein by Athletic Club shall be limited to the
life of the improvements constituting the System and shall terminate
upon the happening of either of the following events :
A. In the event the easement granted is vacated
abandoned or discontinued in the manner
required by law.
B. In the event the building (s) in, upon or over which
the easement area is located shall be substantially
destroyed or demolished and such building(s) shall
not be repaired or reconstructed; provided, however,
� that in the event such building(s) be reconstructed
or replaced, grantor, its successors and assigns,
agree that, without further consideration, a substi-
tute easement of substantially equal convenience,
area and general configuration shall be given. In
the event the easement or any portion thereof is
relocated, vacated or terminated under the provisions
hereof, City shall furnish a release of such easement
or portion thereof, to grantor, its successors or
assigns.
11. The HRA and the City hereby waive any right they may have
to share in an award of damages in the event that a public body
acquires all or any part of the aforesaid buildings by condemnation
or under the threat of condemnation. Said waiver applies to the
�
\'
� .
� easement on or through the respective buildings or properties,
'O but not to the skyway bridge itself except insofar as property
c�
�
� owners incur, as a result of condemnation, expense due to property
"` owners' demolition of said skyway bridge.
� �
It is agreed by and between the parties hereto that the
skyway bridge shall at all times be owned by the City and/or
HRA, and said skyway bridges shall not constitute property
leased, loaned or otherwise made available to second parties,
or any one of them (within the meaning of Chapter 272.01 (2) of
Minnesota Statutes) , it being understood that said bridge is
intended to benefit the public generally.
OPERATION AND MAINTEAIANCE
� 13. Athletic Club and MML, their respective successors in
interest, grantees and assigns, shall maintain and operate the
electrical and heating, ventilating, air conditioning and drainage
facilities in and serving the skyway bridge at their sole cost and
expense, and shall keep and maintain the skyway bridge in repair and
snall keep it reasonably clean and free of litter and debris.
Athletic Club and NII�IL
further agree to provide the necessary repairs and maintenance
of the skyway bridge its related equipment and its integral
parts.. at their sole expense without cost to the HRA or City.
Such maintenance shall include, but not be limited to, glass,
floor, hardware and metal trim cleaning, polishing, repair and
replacement, roof maintenance, repainting, light bulb replacement
� and light fixture cleaning. The HRA and City shall be furnished
with plans and specifications for all additions or alterations or for
� �
' . � 8.
� .
. �
�
� � major repairs or replacements to the skyway bridge and pedestrian
�
� concourse, which plans and specifications shall be subject to their
reasonable and timely approval before commencement of the work
contemplated therein. Failure to approve or disapprove such plans
and specifications in whole or in part within 14 days of receipt of
same stiall be deemed approval thereof.
14. Athletic Club and MML shall enter into a separate written
agreement for sharing the maintenance, operatir.g and repair costs
for said skyway bridge, its integral parts and related equipment.
15. Athletic Club hereby agrees to provide all repairs and
maintenance so as to maintain the pedestrian concourse and adjacent
access areas at a reasonable standard of safety and cleanliness, and
to provide all operating costs therefor.
16. If Athletic Club and/or NiML fail to adequately/ maintain,
� repair and operate the skyway bridge, its integral parts and related
equipment to a reasonable standard of cleanliness and safety, or
if Athletic Club shall fail to undertake maintenance or repair
of the stated portions of the pedestrian concourse and adjacent
access areas , within 30 days after receipt of written demand
by the City, the City may undertake the necessary maintenance,
repair and operating tasks, and the costs for said maintenance,
repair and operation shall be assessed to and payble forthwith
by the defaulting property owners or their sureties and demand
therefor shall first be made in accordance with the maintenance
agreement executed by and between the parties, as amended
from time to time; provided, however, that the City retains
� ,
11
0 9.
. �
�
� the right to assess such costs against the parties as a local
C�_,.
� improvement in the manner provided by law.
5URETY BONDS Ai�TD INSURANCE
17. The building owners
shall together furnish and maintain a
surety bond in the amount of $50,000. 00 for the skyway bridge, to
and in favor of the City of Saint Paul, as obligee , conditioned
that said building owners, their respective successors in interest
and assigns, shall comply with the terms and conditions of the
Ordinance and shall forever indemnify and hold harmless the City
in accordance with said Ordinance against any expenses and
liability on account of all costs , claims, suits and judgments
arising out of or connected with the removal, maintenance, operation
` and/or repair of the skyway bridge, its integral parts and related
equipment and the adjacent access areas associated with each of
tize respective buildings, and, further co�nditioned upon the building
owners complying
with all terms and conditions expressed and contained in this Agreement,
as to such removal, maintenance, operation and repair which surety
bond shall be in such form as shall be reasonably approved by the
Director of Finance and Management Services for the City. The HRA
shall also procure from the general contractor, documentation
evidencing that the general contractor is maintaining, throughout
the entire period of construction and erection of the skyway bridge,
�
� �.
� 10.
�
� � . .
�, �such insurance as is set forth in the plans and specifications c�escribed
� in paragraph 1. herein, naming the abutting property awners to the skyway bridge
� �
as ackli.tional insureds as rec�uired by said plans and specifications, specifically
Section 4. of the General Conditions,and Section 6. of the Special Canditions thereof,
oopies of whi.ch are attached hereto as Exhibits C-1 and C-2, respectively.
18. Insurance required hereunder for casualty and liability shall be
a maintenance cost to be assumed by Athletic Club and MML for the
skyway bridge and shall be shared in accordance with the separate
agreement for the sharing of operating, maintenance and repair costs
that Athletic Club and MML shall enter into as herein provided.
19. Insurance required hereunder for casualty and liability
for tne areas designated as easements for the pedestrian concourse
herein shall be a maintenance cost to be assumed by Athletic Club.
20. Athletic Club and MML shall furnish and maintain public
liability and casualty insurance coverage for the skyway bridge, and
� Athletic Club shall do so as to its pedestrian concourse with a duly
licensed insurance company, wherein the City and HRA shall be designated
as additional insureds, said insurance shall be in conformity with the
requirements of paragraph f. of the Ordinance, containing the following
minimum coverages : for personal injuries, including death, $500,000. 00
for each occurrence; for property damage to the extent of $200,000.00
in any single accident, which minimum amounts are subject to increase in
incrn.�rents of up to 50� in any five year period �by official action of the
Council of the City of Saint Paul from time to time in the event statutory
n�unicipal liability limits are alt�ered at any ture after the date hereof. The
casualty insur.ance shall have an all-risk or physical loss coverage
in the amount of the full replacement cost of the skyway bridge.
�
13
installed in the concourse in the aforesaid buildings shall be
determined jointly by the HRA and the building owners. The initial
0
cost of purchase of these signs shall be borne by the HRA. The
� cost of installation, operating, maintaining and repairing the
1
� signs shall be borne individually by the party on whose property
� the sign is located. If the location of the easement is changed,
the sign shall be moved accordingly; the cost of moving and re-
installing signs to a new easement area shall be borne by the
respective Froperty owners. If the sign moving requires a change
in the sign face, this shall be done at the property owner' s
f expense and consistent with the graphic design system established
` '
for skyway signs.
22. The skyway bridge and pedestrian concourse which are the
subject of this Agreement shall not be operated for the purpose of
advertising the name of any product or business, nor for any other
commercial purpose othe� than on store fronts, which store front
signs shall not project out from the wall surface; provided, however,
that nothing herein contained shall prevent the installation and
maintenance of the aforementioned directional sign(s) identifying
the building names.
BINDING OBLIGATIONS
23. The respective rights and obligations of the parties
set forth in this Agreement shall be binding upon and inure to
� the benefit of the respective parties and their successors in
.
interest, grantees and assigns, �nd shall continue in force until
. . , � � . _. �_..,._ ... _
. � �
� � � .
� i
�.. <
.� 12. ;
� _
` � such time as the concourse system or that part referred to herein is
vacated, abandoned, or terminated in the manner permitted by law.
24. The property owners herein reserve unto themselves
the unconditional right and privilege of selling, conveying and
transferring their abutting and/or encumbered or involved
real estate herein and assigning and transferring this Agreement
to any other corporation, corporations, trust, trusts, individuals,
partnerships or other form of venture. In the event of transfer
of property owner' s interest in the property, the owner (seller)
may be freed and relieved, from and after the date of such trans-
fer, of all liability as respects the performance of any covenants
or obligations on the part of owner (seller) contained in this
Agreement thereafter toFbe performed; provided that owner' s
` successor fully and without limitation assumes in writing all
duties, responsibilities and covenants of the owner (seller)
under this Agreement.
INTERPRETATION
25. In the event of any unresolvable, direct conflict
which may arise as between the terms of this Agreement and the
Ordinance, the Ordinance shall control, and as between this
Agreement and the form of Grant of Easement attached hereto as
Exhibit C, the form of Grant of Easement shall control. The
Agreement, however, may assign duties and responsibilities in
addition to those contained in the Ordinance as long as not in
mutually exclusive direct conflict with the terms of the Ordinance.
�
/
. / �
. '�0' , �3 .
� �
� Ii�T WITNESS WHEREOF, the parties hereto have set their hands
�
� �
� as of the day and year first above written.
HOUSING ATdD REDEVELOPMElVT AUTHORITY
OF THE CITY OF SAIiVT PAUL, MINi�IESOTA
By �������
I —
By -
� t
APPROVED AS TO FORM CITY OF SAIiJT PAUL
� 1
. f � � /
By
Its M or
By
Its Direc or, epartment o Planning
� and conomic Dev�.lopment
� �
By � � � �
�,y� Its Dire or,, partment o F nance
a ana � nt Services
D
Y
ts ity Clerk
�
. � �
�
14.
� � •
0�
� SAIIIT PAUL ATHLETIC CLUB
�� i %
By _
. / �
By � � � ,
MINNESOTA MUTUAL LIFE INSURANCE COP4PAI�iY
BY -� c�` ` /.
�____.. "
/
1. R. B;ti�?, �'���;,o; '�^" P'""��^�'�d�'
�'S✓L i�:.J1L..!
By
.. ��R f"�r �tn ��,_.,i;. r "��rv n /;r,t c (�f��
�iP1i:�r N �:ii'ii�:.«.� �'Yr�4���i"t�l�� a7�V�L.l�1�
STATE UF MIiJIQF:SOTA ) _.___.__..__.__,_._..W... .
) SS.
COLTt�1TY OF RAMSEY )
On this � day of �, � , 19 d O before me.,. �, otary
Public w �hin nd for sai eounty, ppeared '- y� � �-�'� (�/i
,
and U C� `Q_i►� V, to me personally no n, w o, ei �` acFi��
� by me�uly sworn, did sa that /they are respectively the � (����
and�2cr�`T�C• of SAIIIT PAUL ATHLETIC
C UB, a Minnesota non-pro it corpo tion, t at said instr ent,_ as
signed by authority its $oard of Directors , and said �--���i(s�+
�d �_ "�- acknowledged at sai
instrument was the free act an ee o said corporation.
. �
�/, '� �, \
�. - '` _ ,�,G�,�. v'J. ��:il:._._.
t r�s:; i._vn`,, `.':irn.
r:ot�ry PuJiic��c.: -y
STATE OF MIiVNESOTA )
,My Ccmr��is:icn rx;.iras��c. T�� 19ai
) SS.
COUiVTY OF RAMSEY )
On this f/� day of '�u�. , 19 � , before e, a Notary
Publ 'c within an�for said �unty, a peared , �, � ,?t,.t.�
an d �'nl� � A,,�C� , to me personally own, w o, eing ac
me du�y swa n, say t at they are respectively the,Q�,yL�.dt (�G�:� (�,
and /i /,CL� o "1�INNESOTA MUiUAL LIFE INSURAidCE C�MP�, a
Minnesota insura c Scom�any, ttiat said instrument was signed by authority
its Boar of rs, and said C� .'� _ �,t c��' and
�L�.c. � �� acknowledge�aid instrument was t e ree act
and dee of said company.
�
W AR.+i46AAAQAAAh#AAAAAAMAAAAA���►4I► �,,
"` suzaKNe o.t+usTiNCS l�L d-�-,t.�. , �-c.d� ��-r--�
s �:,���`�." N01�Y •�N�TA ,
� �t
`�.•• My Con�F�M�M�11.1985 �
' x•r►Ywwv �
�
� � . , • 15.
�
�
� STATE OF MII�TNESOTA )
� ) SS.
COUNTY OF 12AMSEY )
• On this ��� day of , 19�, before me, a Notary
Public within and for sa Count , appeared
and � , to me personall known, who, being each by
me duly sworn, c�.i.d say that they are respectively the
�d of the HOUSING AND REDEVELOPMENT AUTHORITY OF
THE CITY OF SA NT PAUL� MINNESOTA, a Minnesota public body corporate
and politic, that sai.d instrument was signed by authority of its Board
of Commissic5ners, and said �and
, � �,�r✓ nowledged that said instrument was the
free act and deed of said corpor.ation.
��M �
��'�� ^,; KENNETH R. GAUTHIER �
� ¢�:��;� t.OTARY PUlLIC-qINHESO7A
��::_ ��.
� �-�=" 1�.iSti!�$TOY C6SINTY �
�C��cm-EzQires 7dar.31, !985
�
�
� �
. . ( f
16.
a ' STATE OF MINNESOTA )
� ) SS.
.� COUNTY OF RAMSEY )
� ��^( The foregoing instrument was acknowledged before me this �
day of . � , 19� by GEORGE LATIMER, Mayor of the City o
Saint Pa , a m icipal corporation of the State of Minnesota, on
behalf � said ity of Saint Paul.
x x
� -'?�. KENN�TH R.GAUTHIER
��`�„�,,:
<''a:-:�ti� ;10TARY P06UC-kiNNESOTA .
�„>.�i�
� IoASH#IVGTOtV CAUNTY
ity Comm.£xpires Mar,31, 1465
, WWWWVW■
STATE OF MINNESOTA )
) SS .
COUi�ITY OF RAMSEY )
The foregoing instrument was acknowledged before me this ��
day of , 19 �f� by GARY E. STOUT, Director of the`--
Departme of P ning and Economic Development for the City of Saint
Paul, a municipal corporation of the State of Minnesota, on behalf of
said City of Saint Paul.
� {nnnnMMn�nM���M�n��N.,'�nNV�A/�Mn•
�;:�`%�..
KENNETH R. GAUTHIER ^ r
<'�� � _�
<�,-=.�`+� NOTARY PUBLIC-�:IPiNESOTA
� ,��t��� WASNINCTON COUNTY � 'r •
1�1y Comm.Expires Mar,31, 1985
x vvwvvh,v
. �.
STATE OF MINi�TESOTA )
� ) SS.
COUIITY OF RAMSEY )
The fo egoing instrument was acknowledged before me this 9
day of , 19�`Q, by BERi�ARD J. CARLSON, Director of e
Departm o Fin ce and Economic Development for the City of Saint
Paul, a municipal corporation of the State of Minnesota, on behalf of
said City of Saint Paul.
`U.c.r�--�C� �r _���,�,
� h1,'� �
V14LET E.I�NT
STATE OF MITINESOTA ) ''�`' 1'IOTARY PUBLIC-MINNESOTA
) ss, a�a�sFr couNrr
COUi1 i'Y OF RAMSEY ) �������t�s
Th oregoing instru�ent was acknowledged before me this �
day of .-n•�. , 19�_, by ROSE MIX, City Clerk for the City
of Sa' Paul, munzcipal corporation of the State of Minnesota, on
beha of said � ity of Saint Paul.
��� _ �
C,�.�— -
� �
�"="+�
AtBERT B. OLSOlV
-.� �- Notary Publlc, Ra
.:�� MY CpMMISSlOH�y Ca M
• • I � :.:,;� Nov4�er 18.�C98�ES
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�~��` �_ � �17 70���
; � 550 PROCEEDINGS OF THE COUNCIL
�;
!F = \� after its passage, approva!and publica- � The Council of the City of Saint Paul �derta;
.,.-.:
z •' ::w- .J� tion. Does Ordain: to be :
� ($600.Ou�
�'}r�'` ' � Adopted by the Council November 3, SECTION 1 passaae.
accour.--
�:�±',-;^;¢ 1 1977. That permission and authority here- ment o
;;,,,,,�,�,� Yeas — Councilmen Butler, Hozza, by are granted to the Housing and bers:
+�� ^� Hunt, Levine, Roedler, Sylvester, Redevelopment Authority of the Cit
� Tedesco-7. S d. T:
�( Nays--0, of Saint Paul, Minnesota, a Minnesota the De
_1_ ` ` �J corporation and/or its successors in docume:
• Approved November 4, 1977. interest to construct, maintain and op- head p:
'` erate the following overhead pedestrian a part
'k� _ GEORGE LATIMER passageways over the public streets to its
Mayor within the corporate limits of the City limitec
- (November 12, 1977) of Saint Paul; and tracts.
1) across East Seventh Place bettvee❑ plans. ;
the intersection therewith of Min- Dlans;
` nesota Street and Robert Street, e. ThG
"`�- Council File No. 26992i—Ordinance No. said overhead pedestrian passage- each o�
16362--By Ruby Hunt— way to be extended Erom the to the :
AN ORDINANCE MAHING PROVI- existing Bremer Buildino on the Public �.
SION THEREFOR AND GRANTING south side of East Seventh Place approi-e
to Donaldson's on the north side the He:
•= UNTO THE HOUSING AND REDE- of East Seventh Place. thori.�-
- VELOPMENT AUTHORITY OF THE Z) across Robert Street between the Minnesc
x� CITY OF SAINT PAUL, MINNESOTA, intersection therewith of Esst speciHc;:
A n4INNESOTA CORPORATION, AND Seventh Place and Eighth Street, trian p�
ITS SUCCESSORS OR ASSIGNS,PER- safd overhead pedestrian passage- 81ed c::-
MISSION TO CONSTRUCT. MAIN- way to be extended from existing Works �
' TAIN A?�TD OPERATE TfiE FOLLO�V- Donaldson's on the west side of structior-
� ING OVEFiHEAD PEDESTRIAN PAS- Robert Street to the Metro Square pliance �
SAGEWAYS OVER PUBLIC STREETS Building on the east side uf Rob- of State
WITHIN TFiE CORPORATE LJMPlS ert Street. Officials
OF THE CITY OF SAINT PAtJL; AND 3) across Cedar Street between the amende-.
1) ACROSS EAST SEVEATTE3 PLACE intersection therewith of East Code a:�.
BETWEEN THE L'dTERSECTION Fourth Street and East Fifth �g per::
THEREWITI3 OF MINNESOTA Street, said overhead pedestrian of Corr.:
STREET AND ROBERT STREET, passageway to be extended from Housin�
SAID OVERHEAD PEDESTRIAN the existing Athletic Club Build- ment;
�� PASSAGEWAY TO BE EXTEND- ing on the east side of Cedar f. Ths�
ED FROM THE EXISING BREM- Street to the Minnesota Mutual cessors i
ER BZpILDING ON THE SOUTH Life Building on the west side of fy, ho;d
SIDE OF EAST SEVENTH Cedar Street. of Sain:
PLACE TO DONALDSON'S ON 4) across East Fourth Street between �p2o3'�.,
_ TFIE NORTH SIDE OF EAST the intersection therewith of Cedar claims, ;
SEVENTH PLACE. Street and Wabasha Street, said penses �
2) ACROSS ROBERT STREET BE- overhead pedestrian passageway of w•hat�
TWEEN THE INTERSECTION to be extended from the existing son(s) a�
TF3EREWITEi OF EAST SEVENTH Minnesota b4utual Life Building or cor.:�
PLACE AND EIGHTH STREET, on the north side of East Fourth erectior..
SAID OVERHEAD PEDESTRIAN Street to the Degree of Honor or remoc
PASSAGEWAY TO BE EXTEND- Building on the south side of East passage^.
ED FROM EXISTING DONALD- Fourth Street. plementr.
SON'S ON THE WEST SIDE OF their ps
' AOBERT STREET TO THE SECTION 2 hereuncc
METRO SQUARE BUILDING ON �yat the Director of Public Works successo:
TFIE EAST SIDE OF ROBERT is hereby authorized to issue necessary maintair.
: STREET. permits to safd r other e�
� ' permittee, the Housing surance �
3) ACROSS CEDAR. STREET BE- and Fiedevelopment Authority of the Casualt;�
TWEEN THE INTERSECTION City of Saint Paul, Minnesota, for the extent e:
THEREWITH OF EAST FOLTRTH construction, maintenance, and opera- person �
STREET AND EAST FIFTH tion of said overhead pedestrian pas- incident.
STREET, SAID OVERHEAD sageways according to the plans and for dam:
PEDESTRIAN PASSAGEWAY TO speciflcations approved by the Depart- accident.
BE EXTENDED FROM TFiE EX- ment of Public Works and at the sep- Saint Pa
ISTING ATHLETIC CLUB BiTILD- arate cost and expense of said permit- of all ci:
IN(3 ON THE EAST SIDE OF tee, upon said permittee's compliance jury to
CEDAR STREET TO TIiE MIN- with the following conditions. arising i
NESOTA MiJTUAL LIFE BUILD- 8, �e said permittee and/or its suc- construM
ING ON THE WEST SIDE OF cessors in interest shall, at its own cost operatio.
' CEDAR STREET. and expense and in accordance with tures he:
4) ACROSS EAST FOURTFI STREET all applicable ordinances of the City of furni,h
BETWEEN THE INTERSECTION Saint Paul, statutes of the State of covera�e.
r, THEREWITH OF CEDAR STREET Minnesota and regulations of public Director
AND WABASHA STREET, SAID authority having cognizance, construct. Services
_... OVERHEAD PEDESTRIAN PAS- maintain, and operate said overhead g, That
SAGEWAY TO BE EXTENDED pedestrian passa�eway hereunder; ceed �ri2
:;, FROM THE EXISITING MINNE- b. That said permittee shall pay the unless a:
SOTA MUTUAL LIFE BUILDING costs for the publication of this ordt- have fui
ON THE NORTH SIDE OF EAST�nance: sions re
- FOURTH STREET TO THE DE-� c. That said permittee shall pay the demnific:
GREE OF FiONOA BUILDING ON;costs of administratlon, engineering� ment of
THE SOUTH SIDE OF EAST';and inspection incuned by the Depart- Paul "St
FOURTH STREET. ment of Public Works due to this cations
��
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�'.i !� •r.'a'� �" yi'; ,.� Yrbi3�h I.�'*c' �... �9�1+':3".
+sa�7l+"�r�.� �+�,r�,s.w .:c:r'a��s� a"'� s .. � ry��'r�.X'�` � � �'I n3" +P .n+� ar n "xr x-+g*-
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+1e��a a'"n.ry.w�or� .s .� L. _ 1�1dF�� ���s�el�+ �"se�.,
.n+w+t.: T�c�v. `Y�M.Yr�A�.*4 q{'?RY� l r 'i� "4�'
��y v+*�` J '.-,',^ #`, ty1'f'+!Y: �'� ♦ 1 sp. .t ..,� �..
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,g�,''�'d���.�+3 s f .�'�^"b$5ivy;53'�,`lA.a^ . .w, 'S`-'`_
soe«.y.'$'y�....�.:`s'�'i 1* .%E.�.:�;rro;.w..:?4t�bS- ,. . •. ., ;'�� _ .
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n OF THE CITY OF SAINT PAUL, 1977 551 �' "' ,�*t:
-�
� ,W,y_.
;.,�� .
� undertakine, said costs are estimated�dated September 1, 1976, Section num- ����+;,
to be a sum of Six Hundred Dollars i bered 13052 for each overhead pedes- ����
($6Q0.00? for each overhead pedestrian',trian passageway noted above. For the � ,�,�,,,.._
-� �a;sageway noted above and shall be,purpose of this Ordinance, the afore- *?p u i,,,,,.�:.. .
� accounted £or under separate Depart- said Section of said Specifications :fi:��:�:�-
ment of Public Works Project Num- shail be read as though the word "� y "'.
..�( _ bers; ,"permittee" was substituted for the �t�' • ' '_
�r d. That said permittee shall furnish l��ard "contractor" wherever same ap- �r
ihe Department of Public Works ali'Pears therein. Section 1305.2 of the De- � " �'"'`�"
documents of record, for each over-,Partment of Public Works, City of '"�*"'**'°"'
head pedestrian passageway, that are Saint Paul "Standard Supplemental �"���"'
_ a part of each contract or incidental:SpeciBcations for Iiighway Construc- ��, ;,.,
g, tion' dated Se �'M
.. to its execution includin but not ptember 1, 1976 is here- � -«:,�•-
. _. . limited to, addendums, award of con- by incorporated herein by reference , ,���,'' `.
tracts, contract amount, "as built"'as fully and as completely as if set ' +�>'
, plans, tracings and tracings of ;hop,forth herein verbatim. �,,� ���.;;
� plans; i h. That said permittee and/or its '`' `
c•.;,.. e. That said permittee shall construct�successors in interest, shail among � �,;�µ
each overhead pedestrian pa=_sageway other things, at their o�vn cost and �,
to the satisfaction of the Director of,expense, make adequate and effective --•z ��
' Public �tiorks and in accordance with!procisions therefor and drain all mois-
:_ � _�, . appro�-ed plans and specifications of!ture, rain and snow which shall ac- �� `
�r. . , the Fiousing and Redevelopment Au-i cumulate thereon by proper devices + k�=
thority of the City of Saint Paul,!through each overhead pedestrian
• Dlinnesota. Copies of said pians and i passage�vay noted above and in a man- � .,
_ , specificatians for each overhead pedes-�ner so that the flowing and/or spilling `
.,,.. _ ,, trian passageway hereunder are to be�of same on any part of said sections `' �
� �� filed ceith the Department of Public�of said public streets or private prop- '
�t�:c.• . �1'orks prior to bidding. Such con-j erty shall be prevented at all times. �� �` '
st�uction shall bE made in strict com-�Said permittee and/or its successors " ��°:
� �; .: pliance with the American Association i in interest'shall maintain and operate
; ! ,� of State Highway and Transportation�each overhead pedestrian passageway �� •`
Officials (AASHTO) Specifications, as I at its sole cost and expense in a safe �'
;•.t r�.r. � amended. and the Uniform Bui;ding,condition for pedestrian travel, such
ut t_.: � Code and be authorized under a build-�maintenance to include, but shall not ;�: � �z_'�
c Y�!u: ing permit issued by the Department I be limited to, glass, floor, metal trim, �`
� of Community Services. Division of and hardware cleaning, polishing, and �'F
r �:, t �;�.: Housing and Building Code Er�force-'replacement; roof maintenance; re- N
:• F: . ment: ° painting: light bulb replacement and �r
�: f. That said permittee and/or its suc- light future cleaning; and the supply
t: .: cessors in interest shall fully indemni-�of heated and cooled air within each ryr
� �`. fy, hold hamless, and defend the City�bridge to maintain temperature com-
of Saint Paul, its agents, officers and parable to that normally maintained
�:� � �� employees from any and all damages. within heated and air-conditioned ren- ��-�:
'��<<`�'�"•�' claims, losses, judgments, suits or ex- tal office spaces; `
-;��•�•t. �... penses and on account of all ciaims i. That said permittee and/or its
��r��,�-���•,�> of �ti�hatever nature for injury to per-;successors in interest shall,at all times. �*,�
� t�� ' son(s) and/or property ariing out of construct and maintain all of the sup-
f���� <<•' or connected with the construction. ports of each overhead pedestrian
�' F��� erection, maintenance, operation and/ passageway noted above entirely with- �
�t I1 c o• or removal of each overhead pedestrian�in the lines of the subject private real �.
�< <�•' � , passageway hereunder; and that sup-�estate and entirely without public !
piemental to all other obligations, oa;street rights-of-way; �
their part, jointly and/or severally,i j. That said permittee shall notify I �,�-�°
hereunder, said permittee and!or its;the Traffic Bureau of the Department
successors in interest shail furnish and�of Public Works if the construction or � +.=`
��t� �'�°�^- maintain and pay all premiums and�maintenance of the above overhead ' ":
: r,•_ce-<:�r�• other expenses therefor, Casualty In-;pedestrian passageways shail make I ::m.
'�� �`•��";��' surance Coverage, with a dul licensed�necessa the closin of certain ' '"
� ,;.. Y rY g Public
��i, �r t.^.• Casualty Insurance Company to the Istreets or any part thereof; all ex- � ;;
. �, extent of $500,U00.00 for injury to any;penses incurred by the Traffic Bureau r�'
..r... o;cr:�- person and/or persons in any single;in furnishinp installing, or removing i�_
�triar. P���� incident,and to the extent of$200,000.00'barricades, signs, and other control de- -=.
_�l�u��.�;',: for damage to property in any single�vices shall be paid by the permittee; �•
' accident, indemnifying the City of I k. That said permittee and/or its
't t�" "'P" Saint Paul against liability on account�successors in interest shall not use any
y'�� E''!'��`'' of all claims of third persons for in-I part oi the above overhead pedestrian �
�O'�p�"'�'��� , jury to person(s) and/or property;passageways for advertisement or dis- =;r`
• • arising from or connected with the�piay purposes,without the written con-
or its su°- construction, erection, maintenance,j sent of the City of Saint Paul and the
:� o��:n c .<: operation and/or removal of said struc-�application thereto of any advertising � . �,1^
.:,nc•• � t! tures nereunder, at all times, and to�material or display shall be deemed ``�``
tne Ci!y� ��` furnish competent evidence of said�,prohibited by this Ordinance:
= S:�LC �: coverage, from time to time, to the; 1. That said permittee and/or its �
of p::bt:c Director ef Finance and Managemeat!successors in interest shall, at all per- - �'"
, c�il�:"'��: Services of the City of Saint Paul; tinent times,in the construction, main- ,,,�:;,
• o�'E�~�'•�- g. That said permittee shall not pro- tenance, and operation of each over- '�! ''x
�•^•a�" ceed with the applicable construction�head pedestrian passageway hereunder, �: ' ,,•,-
�11 P�>' i'•''' unless and until said pErmittee shall',provide resFectively a minimum verti- "? �'�'
thi: o:�::• have fully complied «•ith the rovi-�cal clearance of at least 17� 3" on the � �'
sio�s regarding insurance and in-�bridges across Cedar Street and across '.
�.11 ;,1>� t?�^ demnification contained in the Depart-'East Fourth Street and at least 17' 4" ;� .r :
^-=�«'•�^� ment of Public Works, City of Saint �on the bridges across East Seventh .+�#` ., .'"'
;-•c DrP=�`�' Paul "Standazd Supplemental Specifi-�place and across Robert Street between r�
•^ t� t�•'' cations for Highway Const:uction,°�znd throughout the course of the bot- ,; .�
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� a. 552 PROCEEDINGS OF TIiE COUNCIL
` adopted R.esoln::
v tom of said structures and the surface of the City of Saint Paul as obligee, preliminaz'Y ap?'.'
� of said sections of pubiic streets: ex-�conditioned upon the permittee's suc- af revenue bor.c'
^ cept as may be altered by the City's I cessors in interest complying with the pal amount of
_'� future street work: terms and conditions of this Ordinance tO�an and p cc�.
mixing hait
m. That said permittee expressly i and also conditioned that, in the event etr;.
agrees to comply with Chapter 216 of the permittee's successors in interest at their asP
the Saint Paul Legislative Code, as fail to maintain or repair said over- �arage �ample�:
,,;�� amended, pertaining to street obstruc- head pedestrian passage�vay to a rea- y� g,ed Rock In"
tions: sonable standard of safety, or fail to 2, Laws of °
n. That said permittee and/or its remove said overhead pedestr�an pas- 234, provides tY.�
successors in interest shall complete sageway upon order by the Councii, bonds authorir�
the construction and erection of each the Crty of Saint Paul may undertake ty ap �e City.
issued only «'�'
overhead pedestrian passageway by the maintenance, repair, or removal Cl�, Council of
not later than one (1) year after com- thereof and may recover its reason- by resolution ��
mencement of construction. Said com- able cost incurred thereby from said with law:
mencement shail be evidenced by surety, ��hich Surety Bond shall re- 3,The Port �-
Public Works' receipt of a written main in full force and effect as long Saint Paul, hFs�
notification thereof, and shall be dated as said overhead pedestrian passage- Council gi�e i:=
therein, as further provided for un- {ha� portion of publicrright of-way as suant to said 1�
der Pazagraph (o) below; ance of said :
o. That said permittee shall notify shown on plans to be filed with the pprt Authorit�-
mentBrofg Publicn Works befornepand Suiety Bond hall belin form as shall paul, subject t�.
when construction has been completed be approved by the City Attorney, anA details of saic
� to allow for a final inspection of each shall have such surety as shall b� thority of the �-
roved by the Director of Finance 4, It is esi�
overhead pedestrian passageway here- and Management Services; p�ncipal amo;'_
under; approximately :
That each overhead pedestrian t. That said permittee and/or its sac- �terest �o-
passageway hereunder shall be re- cessors in interest shall subinit pro- �11 not exce
penseof said8tpermitt ec�and/or eits Departmlent of Publ c fiWorks for ree be it
successors in interest whenever the view and approval of any intended gesolved, $:
Council of the City of Saint Paui shall structural repazrs or major maiate- City of Sanit "
by Resolution determine such removal nance work on each bridge before with La�vs. oz .
234, the CrtS �
accordingly o der he lremovaleof said compl tion of such struc uraltr pairs to the issuanc•:.
approved b9 the Department of Public nue bonds fo:',
structure from+said location; in the afores�
q. That said permittee shall, within Works. permanent reproducible �eC' lution No. 1_
the period of 30 daqs after the publi- ings shall be furnished the Department �yount of an�:
cation of this Ordinance, file with the showing the work done and mazked a net interE :
City Clerk its written acceptance of with any as built" chan�es, as weu $,.o the exac:
this Ordmance and agreement to be as reproducible shop dra�ving tracings �g but no: •-
bound by all the provisions,terms and of the same; �ti'ng to mat:
conditions thereof without limitation u. That saidinsurantceedocumentbs to count, redem:
which written instrument of acceot- the necessarY ance of add:
ance and agreement shall be in the the Office �ngineer of the Department determined '
form approved by the City Attorney: of PubSc Works for each overhead p�.suant to r
r. That upon the execution of an pedestrian passageway hereunder. The port Authori�
Agreement by and between the City Office Engineer in turn shall submit hereby authe
of Samt Paul, the Housing and Re- said documents to the City Attorney� additional b;
, ,;;;.i development Authority of the Citlicaf if e said insurance a sl suffici nt �d bondsl b�` �
Saint Paul,Minnesota,and the app ro riatelq filed by the Port
ble building/property owners resPect- �th he Directo rof Finance and Man- £or cazrym��:
ing the aforesa�d pedestrian passage- a ement Services of the City of Saint the aforesaic.
ways noted above, the permittee being g pdopted b;
the Housing and Redevelopment Au- Paul. SECTION 3 19�'
thority of the City of, Saint Paul, p�pprovec?
- Minnesota, shall be relieved of anY .�at this Ordinance shall take effeM �r.,
further obligation under the terms of and be in force thirty (appaaval�and '-
- this Ordinance, and the successors in and y�ter its passage,
interest of the permittee, i.e. the ap- ublicatfon. Council Fiie
plicable building/property owners re- P
�'' specting the aforesaid overhead pea�- Adopted by the Council November 3, Butler _,
� � trian passageways as noted above shall 1577 Whereas
be responsible for paYing the insur- City of S :
"� '` ance premiums for the overhead Yeas — Councilmen Butler, Hozza. Council th:
'- � pedestrian passageway(s) connecting Hunt, Levine, Roedler, Sylvestes. i� bud�et
their buildings and also for providing Tedesco-7. operations :
the maintenance and operation same; Nays--0. to the PT�'
- s. That upon the Housing and Re- ppproved November 4, 1977. Minnesota�
et for indt�
development Authority's conveyance amount �f
of its obhgations under the terms of GEORGE LATIMER hereas.
this Ordinance to the abo��e successors Mayor w
in interest, said permittee's successors (November 12. 1977) of�e lr�s;
in interest shall furnish and deliver Authorrt��
unto the City of Saint Paul a Surety RESOLUTIONS law the C'.'
Bond in the amount of Fifty Thou- �e benet
sand Dollars ($50,000.00) for each com- industria'
pleted overhead pedestrian passage- Authorit��
way (bridge) hereunder, made and theTe be
executed by said permittee's successors C Butler File No. 270043—BY R�lie L. 1egally :
in interest as Principal, and a Corpo- sufficient
rate Surety Company duly authorized Whereas, of ��t paul $125,755; :
Minne otatas Surety, to and Snafavor thori�ty ot the 1City�7� the Port Au-
� �
y:.
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. � , .
. t� �
� GRANT OF EASEMENT
�
�1
� WHEREAS, SAINT PAUL ATHLETIC CLUB, a Minnesota non-profit
corporation, hereinafter called "Grantor" , is the owner in fee
of that certain land situated in the City of Saint Paul,
County of Ramsey, State of Minnesota, more particularly described
in Exhibit 1 attached hereto, hereinafter called Grantor's
"Property" ; and
WHEREAS, Grantor has agreed pursuant to that Agreement dated
by arid among the Housing and Redevelopment
Authority of the City of Saint Paul, Minnesota, the City of Saint
Paul, the Grantor herein, and Minnesota Mutual Life Insurance Company, to
grant to the City of Saint Paul a public easement for a second
floor level pedestrian way, with vertical access and connecting
ground level easement, also described as the Skvway Bridge and
Pedestrian Concourse System, through Grantor' s _ - -
Property.
NOW, THEREEORE, in pursuance of that Agreement, and in
consideration of the sum of ONE DOLLAR ($1. 00) and other valuable
consideration, the receipt and sufficiency whereof is hereby
acknowledged, Grantor,for itself, its
successors and assigns, does hereby grant unto the
CITY OF SAINT PAUL, a Minnesota municipal corporation, an easement
for the Skyway Bridge ahd Pedestrian Concourse System for the use
� and benefit of the public as a public way and for public ingress
and egress and for pedestrian transit in, through and over the
Property and the structures thereon, described as follows:
together with an easement for public ingress to, egress from and
transit to and from said System by way of vertical access from
Street to the pedestrian concourse, described as follows:
and also together with an easement for public access on the ground
floor level from the foot of the above described vertical access
facilities to public sidewalks, described as follows:
all of which above described areas shall be collectively referred
to as the "easement" .
�
� � E�HIBIT C
. 'O - • .
� .
� �
� 2.
�
{�
` N The easement area is expressly herein made subject to such
reasonable police measures regarding open hours and closing any
part or all of the easement within, on or over Grantor's Property
during non-business hours and regarding public conduct within the
System, as the City of Saint Paul may, by ordinance, from time to
time determine. �
The public' s right herein to ingress and egress and pedestrian
transit in and through the easement granted to the City herein
shall also be and hereby is made subject to such reasonable
measures regarding open hours and temporarily closing part(s) or
all of the easement areas within or on Grantor' s Property as the
City of Saint Paul may, by agreement with Grantor or its successors
or assigns, from time to time, determine. This provision shall
not diminish the City' s right to, from time to time, exercise its
police powers unilaterally, by ordinance, concerning open hours
or temporarily closing part(s) or all of the easement, or
concerning public conduct within the System, nor shall such
agreed or legislated hours in any manner restrict City' s easement
interest, but shall affect only the public' s rights to ingress
and egress and pedestrian transit in the City' s eaeement.
The grant of easement herein shall be subject to the right of
the Grantor to change the location of the easement conditioned
C upon the grant of a new easement which shall permit the continuity
of the System, and, on the further condition that the new easement
area shall be installed at the sole cost and expense of the Grantor,
and, on the further condition tY�at no change in the easement location
shall be made without the approval of the Housing and Redevelopment
Authority of the City of Saint Paul, Minnesota and the City of
Saint Paul, such approval not be unreasonably withheld, and, on
the further condition that said new easement shall be surveyed
and described by a regi�tered land surveyor at the expense of the
Grantor.
Notwithstanding anything to the contrary herein, the easement
given shall be limited to the life of the improvements constituting
the System and shall terminate upon the happening of either of
the following events:
A. In the event the �asement granted herein is
vacated, abandoned or discontinued in the
manner required by law.
B. In the event the building(s) in, upon or over
which the easement is located shall be
substantially destroyed or demolished and
such building(s) shall not be repaired or
reconstructed; Provided, however , that in
the event such building(s) be reconstructed
� or replaced, Grantor, its successors and
assigns agree that, without further consider-
ation, a substitute easement of substantially
equal convenience, area and general config-
uration shall be given. In the event the
��
�q. . 3.
. � .
. a � easement or any portion there�f is relocated,
� vacated or te rminated under t�ze provisions
� � hereof, City shall furnish a =elease of such
easement or portion thereof, �o Grantor, its
successors or assigns.
Grantor, for itself, its successors ar:3 assigns , does hereby agree
tnat for and during the life of said easeme.at, Grantor, or its designee
by separate agreement, shall be responsible for and/or provide for the
cost of all repairs, improvements and repla�ements of the public way or
Skyway Bridge and Pedestrian Concourse Syst=m as it passes through its
building or on or over its land as describe 3 herein, it being understood
that the aforesaid covenant shall run with �he land.
Grantor reserves unto itself the uncon3itional right and privilage
of selling, conveying and transferring the ?roperty described above to
any other corporation, corporations , trust , trusts, individual, partner- '°
ships, or other form of venture. In the ev_nt of transfer of property
owner's interest in the property, the Grant�r (seller) may be freed and
relieved, froan and after the date of such t�ansfer, of all liability as
respects the performance of any covenants o= obligations on the part of
Grantor (seller) contained in the Agreement thereafter to be performed;
provided that Grantor' s successory fully and without limitation assumes
in writing all duties, responsibilities and covenants of the Grantor
hereunder.
TO HAVE AND TO HOLD said easement for a public way or Skyway Bridge
and Pedestrian Concourse System, together w�th all rights of ingress
and egress appertaining thereto until the S-.Tstem is vacated or abandoned
�; in the manner required by law, or terminated in accordance herewith.
IN WITNESS WHEREOF, Grantor has hereun�o set its hand this
day of , 19
SAINT PAUL A"_"HLETIC CLUB
By
Its
By
I s
STATE OF MINNESOTA )
) SS .
COUNTY OF RAMSEY )
On this day of , 19 , before me, a Notary Public
within and for said County,appeare and
, to me personally knowa, w o, eing each by me
u y sworn, i say that they are respectiv�ly the
and of SAINT PAUL ATHLETIC CLUB, a Minnesota non-pro it
corporation, that said instrument was signe�3 by authority of its Board
of Directors, and said and
acknowledged said instrument was e ree act and ee o sai oorpora ion.
�_
�iIS INSri'RL�NT WAS DRAF'I'ED BY:
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MINNESOTAi �
MUTUAL LIFE; � -
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"HIBIT "B" .
�yway Level
, ........ Fo�rth Street
..::::::easement
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� � MID�lEST FEDERAL_i, - -
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MINNESOTA � � . °
� .:�:.� . ,�
� � MUTUAL L I FE ; � � �:::::::::::�:.:.::�:.:.:�:�::::::..- -���' _
. , � � ;' .��;.�;::
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ST, PAUL ATNLETIC CLUB :
�-. - _ _ .
4) � . _
Ci _ �___. . _ . .:�
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� r�HIBIT "B" i �
( �� I
;, �treet level �,j i Fourth Stree� :
:
� :easement � �
� .......
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4. INSIIRANCE � .
The contractor shalZ furnish proof of iasurance directly to the City Atturney� .
prior to commenciag work. The contractor shall hold harmiess and defend the
City, where applicable, again.st anq and all claims for property damage and �'�
claims for iaj�ry to or death of one, or more than oae, persoa, because of ` " �
accidents which maq occur or re�ult from operatioas under the contract. The �.� '
. contractor shall paq any judgmeat against the City resulting from any such
suit. The City shail have the right at its optioa to parricipate in any surh�� �
litigatioa without relieviag the contractar of any of its obligatioas. 'Phe
contractor shall e$rry the following insurance naming the City as a co-iasured
_thereon: - . -.. . . . •
,
�--�- � A. Contractor's Public Liability Insurance �aith limits of $500,000/$SOO,a00
--- na�ning aad protecting the contractor, all subcoatractors, against claims
�"� - for injury to or death of one or more persons as a result of accidents .
which may occur at the site from operation under the coatract. .
' B. Property Damage �Znsurance with limits of $150,000/$300,000.
. ..
C. Worl�ea's Compensation Iasuraace in.compliance with the LaWS of the
. State of Minnesota.
� i . � .
D. Automobile Insurance, including owned, hired and nonowned vehicle
' coverage limits of $100,000/$300,000 bodily injury and $50,000 per
I _ • occurrence property damage. ;
� • ..
�'..:;� . .
EXHIBIT C-1
. � �� �
..
r •
,�1:�:=:�. . . � � , 2���5�
�:�:���` ; . �
��� �
�
� . .
_ .
�--� � -
^6 I NSl1RANCE ' . . . . _ ._ .. . . -.
Nbdify Section •4 of the Generat Conditions, as fotlows: . . _ � ' .
�a. tnsert.the�fot.low�ng after Ctty:� -. . .. . ... . . . . ..:.. : . . .. : . ,
"and Hammel , Gr-een and Abtaham�on, Inc." .. � . ' - _ .. . ._ -.. � . � .
b. Paragraph 8: Properfy Damage tnsurance. Dalefie tht�s portton of the � � � � :��-��'��-
paragraph in its e�irety and insert the fot lowi�g in its place: , "Proper?y : " =�
Damage i nsur-ance i n the .anounfi of not tess than 5500,400 for a 1 ! damages to or � . ��.::` �
destructton of property in �ny one sccident, and subJect to ifiat fimit per ��• _
„ :acc t dent; further sub�ect to a tota i of not less tfian S 1 ,000,000 for a t 1 : � �. � ..' _, .
--:.... .
,, damages to or dest�uction ot property during the po{tcy period. .� : �.. � ' � _� � .,
...� � ,
c. Para9raPh C%, � . � ' � ' - - . . . :
. � . .. . , , :,-.
- The Bu 1 t der t s Ri sk i nsurance sha 1 I be for the.benet i t. of� the Conttacfior,'_;;;::;:;�::_;;�;
� the Ci fir of St. Paul, the !-�iA and the abutting properfiy owners as thsir lnterests'�;;:�.':
may appear i n fhe va(ae of the cost of the work under th f s controct, and each sha(!::•� �
' be speclficatty named Tn the policy or poticies as. an tnsured; or at the Contractoris �
option, a Btanket Owner's Protective Policy covering ail Owners tincludiag adjacenf
buTtdtng owners) may be provided in { teu of the above 8uilder�s Rtsk Insurance and the
. . _, ..
Ci#y of St. .Paut Untfor-m Certificate of Insurance. . � " .:. . . .,,. , . . ..�. ._,.
_ v . . ..
_ d. Add the fotlowtng'after paragraph 0: . � � �� .
.. . . , . . � � .. _. . ..
. E. The Contractor shaii also cause to have executed the Cii-y of Saint Paui � .
"Uniform Endorsement" required by the Saint Paul Legisiative Code, as amended.
' � This form can be obtained at the service desk on the 6th Floor- of the Ctty Hail �
• ,Arinex. ' . • � � .. ..
_ . . ,
`�.��� �
� . � EXHIBIT C-2
� ' ��
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